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hereunder to secure the performance of said agreement of indemnity and payment of its charges <br /> and expenses, hereby expressly authorizing the Escrow Agent, in the event payment is not <br /> received promptly from the undersigned, to deduct such charges and expenses, without previous <br /> notice, from any such funds deposited hereunder. Escrow fees or charges, as distinguished from <br /> other expenses hereunder, shall be as written above the Escrow Agent's signature at the time of <br /> the acceptance hereof. <br /> 8. The Escrow Agent shall be under no duty or obligation to ascertain the identity, <br /> authority or rights of the parties executing or delivering or purporting to execute or deliver these <br /> instructions or any documents or papers or payments deposited or called for hereunder, and <br /> assumes no responsibility or liability for the validity or sufficiency of these instructions or any <br /> documents or papers or payments deposited or called for hereunder. <br /> 9. The Escrow Agent shall not be liable for the outlawing of any rights under any <br /> Statute of Limitations or by reason of laches in respect to the Escrow Instructions or any <br /> documents or papers deposited. <br /> 10. In the event of any dispute between the parties hereto as to the facts of default, the <br /> validity or meaning of these instructions, or any other fact or matter relating to the transaction <br /> between the parties, the Escrow Agent is instructed as follows: <br /> (a) That it shall be under no obligation to act, except under process or order of court, <br /> or until it has been adequately indemnified to its full satisfaction, and shall sustain <br /> no liability for its failure to act pending such process or court order or <br /> indemnification. <br /> (b) That it may in its sole and absolute discretion, deposit the property described <br /> herein or so much thereof as remains in its hands with the then clerk, or acting <br /> clerk, of the District Court in and for the County of Pitkin, State of Colorado, and <br /> interplead the parties hereto, and upon so depositing such property and filing its <br /> complaint in interpleader it shall be relieved of all liability under the terms hereof <br /> as to the property so deposited, and furthermore, the parties hereto for themselves, <br /> their heirs, legal representatives, successors and assigns do hereby submit <br /> themselves to the jurisdiction of said Court and do hereby appoint the then clerk, <br /> or acting clerk of said Court, as their Agent for the service of all process in <br /> connection with such proceedings. The institution of any such interpleader action <br /> shall not impair the rights of the Escrow Agent under Paragraph No. 7 above. <br /> 11. If the subject matter of this Escrow consists in whole or in part of funds, the same <br /> shall not be co-mingled by the Escrow Agent with its own funds; provided, however, that <br /> anything contained in the Escrow Agreement of which these General Provisions are made a part <br /> of, to the contrary notwithstanding, THE ESCROW AGENT SHALL NOT BE RESPONSIBLE <br /> FOR THE SAFETY OF THE ESCROW FUNDS DEPOSITED IN A FEDERALLY-INSURED <br /> ACCOUNT OR ANY OTHER ACCOUNT AS MAY BE REQUESTED BY THE PARTIES <br /> HERETO; NOR SHALL ESCROW AGENT BE REQUIRED TO DEPOSIT THE SAME IN <br /> ANY INTEREST BEARING OR INCOME PRODUCING ACCOUNT, AND SHALL NOT IN <br /> 2 <br />