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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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