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Escrow condition on separation agreement found satisfied and waived; 21-day implied time limit imposed.
The parties separated and negotiated a separation agreement.
The respondent's counsel placed the executed agreement in escrow pending review of its commercial components by corporate counsel.
The applicant sought to enforce the agreement, arguing the escrow condition was satisfied or waived.
The court found that the respondent's corporate counsel did review the agreement and provided advice, satisfying the condition.
Furthermore, the court implied a term that the escrow condition had to be satisfied within 21 days, preventing the respondent from holding the agreement in limbo indefinitely.
The separation agreement was declared valid and enforceable.
