When should I require an Escrow Agreement for my contract? There is a potential need to obtain source code for a software, application or complex solution.Documentation provided to the escrow agent must obligate the escrow agent to make a copy of the source code available to FW as described below. This FOURTH AMENDED AND RESTATED ESCROW AGREEMENT ("Escrow. Provide the source code to FCFRD; or b. This practice note addresses key issues in drafting and negotiating a software source code escrow agreement involving an independent thirdparty escrow agent. ContractsCounsel has assisted 40 clients with software source code escrow agreements and maintains a network of 61 technology lawyers available daily. Once the escrow agreement is in place, securely transfer your source code and related materials to the escrow agent. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. In addition, ensure that the agreement sets out the procedure for delivering the Deposit Materials to the escrow agent.