Prior to Close of Escrow, Seller shall execute, acknowledge and deliver to Escrow a grant deed in a form substantially similar to the form attached as Exhibit. Deed") is( are) recorded in the Office of the Recorder of Alameda County (the "Official. Records"). 2.2.The licensor and licensee must agree not only whether to enter into a source code escrow agreement but also who should bear the expense. You may contact staff to request a link to complete the form via DocuSign. This practice note addresses key issues in drafting and negotiating a software source code escrow agreement involving an independent thirdparty escrow agent. Source Code Escrow is a three party agreement between a software developer (the depositor), the end user (beneficiary) and the source code escrow company. In the traditional source code escrow agreement, the deposit materials are generally only updated a few times a year.