2 and thereafter the transfer of funds from the

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cease the withdrawal and transfer of funds from Escrow Bank in accordance with Section 3.2 and thereafter, the transfer of funds from the Escrow Account by the Escrow Bank to the account of the Contractor shall recommence in accordance with the provisions of Section 3.1. 3.3 Withdrawals upon Termination Upon termination of the Contract, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the orderspecified in Clause 3.2 above. 3.4 Application of insufficient funds Funds in the Escrow Account shall be applied in the serial order of priority set forth in Clause
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93 3.2 and 3.3, as the case may be. If the funds available are not sufficient to meet all the requirements, the Escrow Bank shall apply such funds in the serial order of priority until exhaustion thereof. 4. Escrow Bank Provisions 4.1 Obligation of the Escrow Bank (i) Segregation of funds Monies and other property received by the Escrow Bank under this Agreement shall, until used or applied in accordance with this Agreement, be held by the Escrow Bank in trust for the purposes for which they were received, and shall be segregated from other funds and property of the Escrow Bank. (ii) Notification of balances 7 (seven) Business Days prior to each Payment Date (and for this purpose the Escrow Bank shall be entitled to rely on an affirmation by the Contractor and/or the Government as to the relevant Payment Dates), the Escrow Bank shall notify the Government of the balances in the Escrow Account as at the close of business on the immediately preceding business day. (iii) Communications and notices In discharge of its duties and obligations hereunder, the Escrow Bank: (a) may, in the absence of bad faith or gross negligence on its part, rely as to any matters of fact which might reasonably be expected to be within theknowledge of the Contractor upon a certificate signed by or on behalf of the Contractor; (b) may, in the absence of bad faith or gross negligence on its part, rely upon the authenticity of any communication or document believed by it to be authentic; (c) shall, within 5 (five) business days after receipt, deliver a copy to the Government of any notice or document received by it in its capacity as the Escrow Bank from the Contractor or any other person hereunder or in connection herewith; and (d) shall, within 5 (five) business days after receipt, deliver a copy to the Contractor of any notice or document received by it from the Government in connection herewith. (iv) No set off The Escrow Bank agrees not to claim or exercise any right of set off, banker’s lien or other right or remedy with respect to amounts standing to the credit of the Escrow Account. For the avoidance of doubt, it is hereby acknowledged and agreed by the Escrow Bank that the monies and properties held by the Escrow Bank in the Escrow Account shall not be considered as part of the assets of the Escrow Bank and being trust property, shall in the case of bankruptcy or liquidation of the Escrow Bank, be wholly excluded from the assets of the Escrow Bank in such
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94 bankruptcy or liquidation.
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