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10. No Agency Created. Owner and DHOOT agree that nothing contained in this <br /> Agreement shall create any agency relationship between Owner and DHOOT, and DHOOT and <br /> its representatives and designated agents and contractors shall have no right or authority to act <br /> on behalf of Owner. <br /> 11. Resolution of Disputes. Any controversy, claim or dispute concerning this Agreement <br /> shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the <br /> American Arbitration Association, and judgment upon the award rendered by the Arbitrator may <br /> be entered in any court having jurisdiction thereof. Any controversy, claim or dispute shall be <br /> construed and enforced in accordance with the laws of the State of California. In any legal or <br /> arbitration proceedings brought by either party to enforce or interpret any of the terms or <br /> conditions of this Agreement, including the collection of any payments due hereunder, the <br /> prevailing party shall be entitled to reasonable attorney's fees in addition to costs of the action. <br /> 12. Governing Law. This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of California. <br /> 13. Counterparts. This Agreement may be executed in counterparts, each of which shall <br /> be deemed to be an original, but both of which, when taken together, shall constitute one and <br /> the same instrument. It shall be necessary to account for only one fully executed counterpart in <br /> proving this Agreement. <br /> 14. Integration. This document between the parties hereto represents the entire <br /> Agreement between the parties. No modification of the covenants and Agreements herein shall <br /> be effective unless in writing and duly executed by the authorized representatives of the <br /> respective parties. <br /> 15. Amendments. This Agreement may be amended at any time from time to time, but any <br /> amendment must be in writing and signed by all parties to this Agreement. <br /> 16. Severability. If any part, clause or condition of this Agreement is held by a court of <br /> competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall <br /> remain in full force and effect and shall in no way be affected, impaired or invalidated, provided, <br /> however, in no event shall either party be deprived of a material consideration by operation of <br /> this provision. <br /> RIGHT OF ENTRY AGREEMENT P. 8 OF 9 <br />