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Castle Pines North Escrow Agreement
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Castle Pines North Escrow Agreement
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10/14/2016 11:20:01 AM
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10/3/2016 12:26:48 PM
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Chatfield Mitigation
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request the Escrow Agent in writing with respect to withholding and other taxes, assessments or <br /> other governmental charges, and advise Escrow Agent in writing with respect to any <br /> certifications and governmental reporting that may be required under any applicable laws or <br /> regulations, and(iii) indemnify and hold the Escrow Agent harmless pursuant to Section 11 <br /> hereof from any liability or obligation on account of taxes, assessments, additions for late <br /> payment, interest,penalties, expenses and other governmental charges that may be assessed or <br /> asserted against Escrow Agent. <br /> (c) Imputed Interest. To the extent that IRS imputed interest regulations <br /> apply, Depositor and CRMC shall so inform Escrow Agent, provide Escrow Agent with all <br /> imputed interest calculations and direct Escrow Agent to disburse imputed interest amounts as <br /> Depositor and CRMC deem appropriate. Escrow Agent shall rely solely on such provided <br /> calculations and information and shall have no responsibility for the accuracy or completeness of <br /> any such calculations or information. <br /> 27. WAIVER OF TRIAL BY JURY. EACH PARTY TO THIS ESCROW <br /> AGREEMENT HEREBY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY <br /> JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF <br /> ACTION (1) ARISING OUT OF OR IN ANY WAY RELATED TO THIS ESCROW <br /> AGREEMENT OR (2) IN ANY WAY IN CONNECTION WITH OR PERTAINING OR <br /> RELATED TO OR INCIDENTAL TO ANY DEALINGS OF THE PARTIES TO THIS <br /> ESCROW AGREEMENT OR IN CONNECTION WITH THIS ESCROW AGREEMENT OR <br /> THE EXERCISE OF ANY SUCH PARTY'S RIGHTS AND REMEDIES UNDER THIS <br /> ESCROW AGREEMENT OR THE CONDUCT OR THE RELATIONSHIP OF THE PARTIES <br /> TO THIS ESCROW AGREEMENT, IN ALL OF THE FOREGOING CASES WHETHER <br /> NOW EXISTING OR HEREAFTER ARISING AND WHETHER IN CONTRACT, TORT OR <br /> OTHERWISE. EACH OF THE PARTIES HERETO HEREBY FURTHER ACKNOWLEDGES <br /> AND AGREES THAT EACH HAS REVIEWED OR HAD THE OPPORTUNITY TO <br /> REVIEW THIS WAIVER WITH ITS RESPECTIVE LEGAL COUNSEL, AND THAT IT <br /> KNOWINGLY AND VOLUNTARILY WANES ITS JURY TRIAL RIGHTS FOLLOWING <br /> CONSULTATION WITH SUCH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, <br /> THIS ESCROW AGREEMENT MAY BE FILED AS A CONSENT BY ALL PARTIES TO A <br /> TRIAL BY THE COURT. <br /> 28. Publicity. No party will (a)use any other party's proprietary indicia, trademarks, <br /> service marks, trade names, logos, symbols, or brand names, or(b) otherwise refer to or identify <br /> any other party in advertising,publicity releases, or promotional or marketing publications, or <br /> correspondence to third parties without, in each case, securing the prior written consent of such <br /> other party. <br /> 29. Governmental Immunity. No term or condition of this Escrow Agreement shall <br /> be construed or interpreted as a waiver, express or implied, of any of the immunities,rights, <br /> benefits,protections, or other provisions, of the Colorado Governmental Immunity Act, Section <br /> 24-10-101, C.R.S. et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., <br /> as applicable now or hereafter amended. <br /> 13 <br /> {00466456.Doc/2} <br /> 11-01-2014 <br />
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