Escrow Agreements

Deposit purchase monies, software, securities and other assets into an escrow with these downloadable and customizable template Escrow Agreements.

 


Q. What does escrow mean?

A. Escrow is an arrangement between two parties to a transaction and a third independent party who agrees to hold money or assets until a specific date, or until certain obligations have been met, or until the transaction is completed.

In the US, the most common use of escrow is in real estate transactions, where a mortgage lender will set up an escrow account into which the borrower pays sufficient funds to pay the property taxes and insurance premiums as they come due.

A form of escrow that is common in many countries is the payment of a deposit by a tenant to a landlord at the beginning of the tenancy, as security for unpaid rent or damage. The deposit is paid back at the end of the rental (minus any deductions).

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Escrow Agreement for Shares

Place shares into escrow as part of a purchase and sale transaction with this template Escrow Agreement form.

  • The purchaser agrees to deposit the shares with the trustee until the full amount of the purchase price has been paid to the seller.
  • Any dividends declared on the shares while they are in escrow will be paid to the purchaser.
  • There are clauses detailing the trustee's actions in the event of a dispute between the purchaser and seller.
  • The trustee is to act as a depositary and has no liability other than for its own gross negligence or default.
  • The purchaser and seller agree to indemnify the trustee against claims or damages.
  • The trustee will hold the shares until receipt of a joint order from the other parties to release the shares.
  • This Escrow Agreement for Shares is a generic legal form which does not contain specific references to the laws of any country. You can customize it to fit your specific needs.
$17.99

Share Escrow and Pledge Agreement | Canada

Escrow shares issued under a private placement in Canada with this downloadable template agreement.

  • The agreement is between a purchaser of shares, the issuing corporation and the escrow agent (trustee).
  • The issuer is lending the purchaser part of the purchase price for the shares.
  • The purchaser then pledges the shares as security for repayment of the loan and places them in escrow with the trustee.
  • This is a Canadian legal document that can be used in any province of Canada except Quebec.
  • The form is available as a MS Word template and can be modified to fit your exact needs.
$17.99

Software Escrow Agreement | Canada

Place software into escrow with this comprehensive Software Escrow Agreement for Canadian software developers.

  • Parties. The escrow is being set up in conjunction with software licence and maintenance agreements between a developer and a customer (licensee) who requires uninterrupted availability of the source code as an essential element of its business.
  • Terms of Escrow. The developer will deposit the source code, documentation and related materials with the escrow agent following development, and will deposit upgrades to the software each time modifications are made.
  • Role of Escrow Agent. The escrow agent will hold the materials in escrow until such time as it is instructed to release them in accordance with the agreement.
  • Ownership of Materials. The developer remains the owner of all escrowed materials. The licensee's interest is limited to that of a licensee only.
  • Indemnification. The developer and the customer both indemnify the escrow agent against all liability, damages or costs arising from its acting as escrow agent.
  • Scope of Law. This is a U.S. legal document intended for use within the United States.
  • How to Get the Form. You can download the MS Word document immediately after you purchase it. Other formats are available on request.
$14.99

Software Escrow Agreement | USA

Set up an escrow to hold source code during the term of a license with this comprehensive Software Escrow Agreement for USA based developers.

  • Purpose of Agreement. The escrow is being set up in connection with software licence and maintenance agreements between the developer and a customer (licensee) who requires uninterrupted availability of the source code as an essential element of its business.
  • Escrowed Materials. The developer will deposit the source code, documentation and related materials with the escrow agent following development, and will deposit upgrades to the software each time modifications are made.
  • Role of Escrow Agent. The escrow agent will hold the materials in escrow until such time as it is instructed to release them in accordance with the agreement.
  • Ownership. The developer retains ownership of all escrowed materials. The licensee's interest is limited to that of a licensee only.
  • Indemnification. The developer and the customer both indemnify the escrow agent against all liability, damages or costs arising from its acting as escrow agent.
  • Governing Laws. This legal document is intended for use within the U.S. and makes reference to laws of the United States.
  • How to Get the Form. You can download the MS Word document immediately after you purchase it. Other formats are available on request.
$14.99

Software Escrow Arrangement Clauses

Insert these optional escrow clauses into a Software Maintenance Agreement, to stipulate the terms for escrow of the software.

  • An escrow arrangement gives a level of comfort to customers who license the software that if the developer ceases to operate its business or fails to honor its obligations, the source code will be released to the customer.
  • If the customer has paid its fees under the agreement, the supplier will provide the name and address of the escrow agent with whom it keeps a copy of its current working source code and object code.
  • Any software customized for the customer is not kept in escrow.\
  • These Software Escrow Arrangement clauses do not contain references to specific laws of any country.
$6.29 $5.99