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.A2: The County prefers that the escrow agreement be a two-party agreement between the escrow company and the offeror. Carahsoft Fairfax County Contract Product Available: Various Hardware. Learn about the types of Software Source Code Escrow Agreements, Software Escrow Agreement release conditions and download a sample below. 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. • Ensure timely payments for all debt service and escrow accounts. Cashier's check or cash escrow in the face amount required for the bond. Once the terms are agreed upon, the software developer deposits the escrow materials with the escrow agent.