Once the escrow agreement is in place, securely transfer your source code and related materials to the escrow agent. 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. Source Code Escrow involves depositing the source code of software with a thirdparty escrow agent. Escrow Agreement. 697. Note: This form must be downloaded to your device in order to be filled out properly. All Authority employees may participate in a deferred compensation program designated as an Internal. Revenue Code Section 457 plan. Source Code Escrow is a three party agreement between a software developer (the depositor), the end user (beneficiary) and the source code escrow company.