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juntil a judgment of a court of competent jurisdiction shall 3 ;."".determine the right of the parties thereto, or it may, deposit Mall the monies then held pursuant to this contract with the Clerk tof the Circuit Court of the County having jurisdiction of the hispute, and upon notifying all parties' concerned of such action., fall liability on the part of the escrow agent shall fully terminate except to the extent of accounting for any monies there- tofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the escrow agent is made a party by virtue lof acting as such escrow agent hereunder, or in-the event of any Isuit wherein escrow agent interpleads the subject matter of this !!escrow, the escrow agent shall be entitled to recover a reasonable 11attoniey's fee and costs incurred, said fees and costs to be .charged and assessed as court costs in favor of the prevailing :Party-. All parties agree that the escrow agent shall not be liable to any party or person whomsoever for misdelivery to Buyer !-or Seller of monies subject to this escrow, unless such mis- idelivery shall be due to willful breach of this contract or gross I'negligence on the part of the escrow agent. 1XVIII.TIME -Time is of the essence of this Contract. Any reference here* r. Un. to time periods of less than six (6) days shall in the computa- I ;tIon thereof exclude Saturdays, Sundays and legal holidays, and 'any time period provided for herein which shall.end on a Saturday,' i,Sunday or legal holiday shall extend to 5:00 P.M. of the next full !business day. ! 'XIX. ATTORNEY FEES AND COSTS In connection with any litigation including appellate pro- ,ceedings arising out of this contract, the-prevailing party shall The entitled to recover reasonable attorney's fees and costs. 'XX. RE111ONTAL OF MODULAR BUILDING, Seller shall have until ninety (90) days after the date b of' closing to remove the modular building presently housing JUN 2*11978 BOOK 35 PA