Disposition of Earnest Money. The Earnest Money shall be applied as a credit to the Purchase Price at Closing. However, if ​ elects to terminate this Agreement prior to the expiration of the Inspection Period pursuant to Section 4.5, Escrow Agent shall pay the entire Earnest Money to ​ one (1) business day following receipt of the Due Diligence Termination Notice from ​ (as long as the current investment can be liquidated and disbursed in one business day). No notice to Escrow Agent from ​ shall be required for the release of the Earnest Money to ​ by Escrow Agent if ​ terminates this Agreement prior to the expiration of the Inspection Period pursuant to Section 4.5. In the event of a termination of this Agreement by either ​ or ​ for any reason other than pursuant to Section 4.5, Escrow Agent is authorized to deliver the Earnest Money to the party hereto entitled to same pursuant to the terms hereof on or before the tenth (10th) business day following receipt by Escrow Agent and the non-terminating party of written notice of such termination from the terminating party, unless the other party hereto notifies Escrow Agent that it disputes the right of the other party to receive the Earnest Money. In such event, Escrow Agent may interplead the Earnest Money into a court of competent jurisdiction in the county in which the Earnest Money has been deposited. All attorneys’ fees and costs and Escrow Agent’s costs and expenses incurred in connection with such interpleader shall be assessed against the party that is not awarded the Earnest Money, or if the Earnest Money is distributed in part to both parties, then in the inverse proportion of such distribution.

Deposit and Investment of Earnest Money. Within two (2) business days after the Effective Date, ​ shall deposit the Initial Earnest Money with Escrow Agent. If upon the expiration of the Inspection Period, this Agreement is still in force and effect, ​ shall, no later than the two (2) business day after the last day of the Inspection Period, deposit the Additional Earnest Money, as specified in [Subsection 1.1.4] above, with Escrow Agent. Escrow Agent shall invest the Earnest Money in government insured interest-bearing accounts satisfactory to ​ and ​, shall not commingle the Earnest Money with any funds of Escrow Agent or others, and shall promptly provide ​ and ​ with confirmation of the investments made. Such account shall have no penalty for early withdrawal, and ​ accepts all risks with regard to such account.

On the first business day following the execution of this Escrow Agreement, ​ shall deliver to Escrow Agent, by federally wired “immediately available” funds, the amount of Three Hundred Thousand and 00/100 ($300,000.00) Dollars (the "Earnest Money"). Escrow Agent shall acknowledge receipt of Earnest Money. The Earnest Money is non-refundable to ​ except pursuant to a provision of the Agreement which expressly permits ​ to terminate the Agreement. Within one (1) business day following the expiration of the Due Diligence Period, as defined in the Agreement, the ​ shall deliver an additional sum of Three Hundred Thousand and 00/100 ($300,000.00) Dollars to Escrow Agent by federally wired “immediately available” funds to be held in escrow by the Escrow Agent. Such additional funds together with the initial Earnest Money deposit shall, following such deposit, be deemed the “Earnest Money” under the Agreement.