OPA: Grimshaw House - City of Anaheim

(B) The Parties to the Escrow jointly and severally agree to pay all
costs, damages, judgments and expenses, including reasonable
attorneys’ fees, suffered or incurred by the Escrow Agent in
connection with, or arising out of the Escrow, including, but
without limiting the generality of the foregoing, a suit in
interpleader brought by the Escrow Agent. In the event that the
Escrow Agent files a suit in interpleader, the Escrow Agent shall
be fully released and discharged from all obligations imposed upon
the Escrow Agent in the Escrow.
(C) All prorations and/or adjustments called for in the Escrow shall be
made on the basis of a thirty (30) day month unless the Escrow
Agent is otherwise instructed in writing.
304.3 Authority of Escrow Agent. The Escrow Agent is authorized to, and
shall:
(A) pay and charge Developer and Agency for any Escrow Costs
payable under Section 304.4 of this Agreement and pay and, if
applicable, charge Developer for the cost of drawing the deed,
recording fees, notary fees and any state, county or local
documentary transfer fees;
(B) pay and charge Agency any amount necessary to place title in the
condition necessary to satisfy Section 304.5 of this Agreement;
(C) pay and charge Agency for the premium of the Title Policy as set
forth in Section 304.6 of this Agreement and, if applicable, pay and
charge Developer for any upgrade of the Title Policy or Additional
Endorsements to the Title Policy which are requested by Developer
pursuant to Section 304.6 of this Agreement;
(D) disburse funds and record (as applicable) and deliver to the Parties
(in accordance with the instructions set forth in Section 304.11) the
Grant Deed and the Memorandum of Agreement when both
Developer’s Conditions Precedent to Closing and the Agency’s
Conditions Precedent to the Closing are satisfied or waived in
writing by the Party for whom the condition was established;
(E) insert appropriate amounts and the date of the Closing in
documents deposited by the Parties in the Escrow;
(F) do such other actions as necessary to fulfill the Escrow Agent’s
obligations under this Agreement, including, if applicable,
obtaining the Title Policy and recording any instrument delivered
through Escrow if necessary and proper in the issuance of the Title
23