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HomeMy WebLinkAbout0930 • , . • 3. The term "crop proceeds" shall be defined for the purposes of ~his Aqreement to includ~: (a) advances which SECOND PARTY may receive against a particular year's fruft crop, and (b) insurance proceeds which SECOND PARTY may receive as a result of the destruction ot a particular year's citrus fruit crop by casualty. 4, The ESCROW AGENT hereby warrants and represents that its duties as described and defined herein are cover~d by sa~d ~ Agents' Attorneys errors and omissions anel/or malpractice insurance ~ polfcy against any violations or breach of the ESCROW AGENT'S • ~ duties and responsibilities as defined herein and the ESCROW ~ AGENT hereby agrees to furnish proof of said insurance coverage . to FIRST PARTY within thirty (30) days of the date hereof. 5. FIRST PARTY and SECOND PARTY agree that the ESCROW~ . AGENT shall not be liable for any error of judgment or for any act done or omitted by him in good faith, or for anythinq which he may in good faith do or refrain from doing in connection here- with. ~ 6. The ESCROW AGENT is authorized to act on any document believed by it to be genuine and to be signed by the proper party or parties, and will incur no liability in so acting. ~ 7. Any notices required to be sent to FIRST PARTY here- ~ under shall be deemed made by the ESCROW AGENT when mafled, postage prepaid, by certified mail, return receipt requested, to FIRST PARTY at P. O. Box 1609, Winter Haven, Florida 33880. Any notices required to be sent to SECOND PARTY hereunder shall be deemed to be made by the ESCROW AGENT when mailed, postaqe prepaid, by cerf"'ified mail, return receipt requested, to SECOND , PARTY at 2050 Coral Way, Miami, Florida 33145. 8. Thi.s Agreement may not be assiqned by either FIRST PARTY or SECOND PARTY without the prior written consent of 1,~~ ti the other party. ~ 9. Rny default by SECOND PARTY in performance of his respective obligations under the terms and conditions of the Second Purchase Money Mortgaqe, Security Agreement or Riqht of First Refusal entered into between SECOND PARTY and FIRST PAATY _ 3 _ BOQI( 570 PAGE ~2~ ~ . ~ , _ _ - _ , x.