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and the same instrument, binding upon all parties hereto, notwithstanding that all of such parties may not have executed the same counterpart. Digital signatures shall be binding. 15. Except for those provisions expressly stated to survive the termination of this Agreement, this Agreement shall terminate on the earlier to occur of(a) the Inspection Contingency Deadline (as defined in the Contract), (b) the date on which the Contract expires, is terminated or is deemed terminated, or (c)the date on which Contract negotiations terminate pursuant to notice sent by Property Owner to Contractor, provided that, Property Owner may at any time prior to the execution of the Contract, immediately terminate Contractor's access to the Property for Environmental sampling or otherwise in Property Owner's sole and absolute discretion for any reason or for no reason whatsoever. 17. No provision of this Agreement shall be construed by any Court or other judicial authority against any party hereto by reason of such party's being deemed to have drafted or structured such provisions. 18. As used herein, the terms "include", "including" and similar terms shall be construed as if followed by the phrase"but not limited to". The terms "hereof", "herein"and "hereunder",and words of similar import, shall be construed to refer to this Agreement as a whole, and not to any particular article or provision, except as expressly so stated. 19. This written Agreement, including all Exhibits attached hereto and documents to be delivered pursuant hereto, together with the Contract (when and if executed), shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings,promises,warranties,or covenants not contained or merged herein. The Exhibits attached hereto are hereby incorporated in and made part of this Agreement. 20. The parties agree that this Agreement shall not be recorded. If Contractor causes this Agreement or any notice or memorandum thereof or affidavit relating thereto to be recorded,this Agreement shall be null and void at the option of Property Owner. Contractor further agrees not to file any lis pendens against the Property in connection with this Agreement. The provisions of this Section 20 shall survive termination of this Agreement. 21. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22. This Agreement may be amended or modified only by a written agreement subsequently executed by Contractor and Property Owner. 23. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act, or default. 24. If any provision of this Agreement or application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstances, other than those as to which it is so determined invalid or unenforceable,shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law. 25. The rights and obligations under this Agreement may not be assigned or transferred by Contractor to any person, firm, municipality or corporation without the express prior written consent of Property Owner, which consent may be withheld in the District's sole and absolute discretion.