United Cancer Council, Inc. - Page 47

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               approved by the Agency and submitted to the Escrowee                   
               promptly for payment.                                                  
               3.  MAIL CHARGES.  The Escrowee may transfer all sums                  
               necessary to pay charges by the United States Postal                   
               Service for the Client’s Business Reply Mail without                   
               approval of the Agency or Client.[9]                                   
               4.  ESCROWEE’S COMPENSATION.  The compensation of the                  
               Escrowee shall be established by the Agency, the Client,               
               and Escrowee.  The Escrowee shall render billings for                  
               Escrowee services to the Client, in care of the Agency,                
               and shall be paid on a priority basis.  If approved                    
               invoice is not received from the Agency by the Escrowee                
               within 30 days from the date of invoice,  the Escrowee                 
               shall be authorized to pay such billing without the                    
               approval of the Agency.                                                
                           *    *    *    *    *    *    *                            
               6.  ACCOUNTING.  The Escrowee shall provide the Client                 
               and Agency an accounting as to each payment or                         
               disbursement made from the Escrow Fund.  Those                         
               disbursements shall only be upon the written approval of               
               the Agency.  The Escrowee shall be provided compensation               
               for these services.                                                    
               7.  DISPUTES.  In the event of any dispute with respect                
               to disposition of all or part of the Escrow Fund, The                  
               Escrowee shall not be obligated to disburse the disputed               
               portion thereof nor shall the Escrowee be required                     
               affirmatively to commence any action against  the Client               
               or Agency, or defend any action that a creditor might                  
               bring.  In his [sic] sole discretion, the Escrowee may,                
               in the event of a dispute as to the disposition of all                 
               or part of the Escrow Fund, commence an action in the                  
               nature of interpleader and seek to deposit the disputed                
               portion in a Court of Competent Jurisdiction.                          

               9    The Business Reply Mail postage referred to represented           
          postage on the return mailing envelopes provided to the persons             
          solicited in the direct mail fundraising campaign for purposes of           
          making contributions to petitioner or otherwise responding.                 
          Unlike the outgoing fundraising letters and materials which were            
          mailed under petitioner’s nonprofit mail permits at the lower               
          nonprofit mailing rate, postage at the regular United States                
          Postal Service rate was required on the return letters mailed by            
          recipients of the fundraising letters.                                      




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Last modified: May 25, 2011