Extract to table

has agreed to serve as Escrow Agent and to hold, invest, and distribute the Escrow Amount in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Purchase Agreement

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants, agreements, representations, and warranties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: ARTICLE I — DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below: "Buyer" means Nexford Industrial Holdings Inc

Promptly upon execution of this Agreement (and in any event no later than the Closing Date), the Escrow Agent shall establish a segregated escrow account (the "Escrow Account") at a federally insured banking institution selected by the Escrow Agent

The Escrow Account shall be titled: "Commonwealth Escrow Services Inc

" The Escrow Account shall be established under the Escrow Agent's tax identification number

The Escrow Agent shall hold the Escrow Fund in the Escrow Account separate and apart from its own assets and the assets of any other person or entity, and shall not commingle the Escrow Fund with any other funds