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17.0 Miscellaneous. This agreement: (i) is the entire agreement of the parties and supersedes all prior and contemporaneous oral and written understandings, communications, statements, representations, agreements and negotiations between the parties with respect to the subject matter of this agreement; (ii) inures to the benefit of and binds the parties and their heirs, executors, representatives, successors, and permitted assigns, and (iii) may be modified only by a written instrument signed by both parties. The use of Purchaser preprinted forms, such as purchase orders or acknowledgments, in connection with this agreement is for convenience only and all preprinted terms and conditions stated thereon are void and of no effect. This agreement cannot be amended, modified, or altered by any conflicting preprinted terms, provisions, or conditions contained in a Purchaser preprinted form, such as purchase orders or acknowledgements. To be effective, waivers must be in writing. The waiver of any breach of this agreement will not be deemed a waiver of any later or other breach of this agreement, whether or not similar or of like nature. Tanknology is an independent contractor and not an employee, partner or joint venturer of Purchaser. This agreement may be executed in one or more counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument. Delivery by fax or email of any executed counterpart of this agreement, or any other documents or instruments executed in connection with this agreement, will be equally as effective as delivery of an original executed counterpart thereof. The titles to the sections of this agreement have been assigned for convenience only, and shall not limit, define, or affect the substantive terms. Time is of the essence regarding this agreement and its notice provisions. No representations or warranties have been made by Tanknology except as expressly set forth herein. This agreement will be construed according to its fair meaning and not for or against either party. No presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this agreement. 18.0 General: This proposal is subject to the terms and conditions set forth above, which are hereby made a part of this proposal; and when accepted by the Purchaser and approved by an authorized official of Tanknology, this proposal then becomes a binding agreement between Tanknology and Purchaser. Proposal made by: Dwight Dagenais NW Region Sales Representative 209-365-1246 ddagenais@tanknology.com Purchaser Acceptance Company Name Signature Authorized Official (print name) Date Tanknology Acceptance Tanknology Inc. a Delaware corporation Signature Authorized Official (print name) Date