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.A source code escrow agreement is a contract between a client and a software developer, ensuring client protection if software maintenance fails. A software escrow agreement is a legal arrangement where the source code of a software application is securely deposited with a neutral third party. 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. In this article, we will provide a stepbystep guide to help you prepare your source code for software escrow. This could create a shortfall in your escrow account balance, potentially affecting your mortgage payment. It's a way to safeguard your investment while showing you're able to deliver on a financial promise. Provide the source code to FCFRD; or b.