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We have read and understand the foregoing and agree to submit disputes arising <br />out of the matters included in the "arbitration of disputes" provision to neutral arbitration. <br />HENDRICK'S INITIALS: CLC'S INITIALS: <br />COUNTY INITIALS: <br />CITY INITIALS: <br />ARTICLE 6 <br />TERM OF AGREEMENT <br />The Term of this Agreement shall commence on the Effective Date and expire upon <br />satisfaction of all conditions, obligations, and requirements of this Agreement, unless earlier <br />terminated as provided in this Agreement. <br />ARTICLE 7 <br />GENERAL PROVISIONS <br />7.1 Counterparts; Facsimile and Electronic Signatures. This Agreement may <br />be executed in counterparts, each of which shall be deemed an original, but all of which, <br />taken together, shall constitute one and the same instrument. A signed copy of this <br />Agreement transmitted by facsimile or other electronic means to the other parties shall be <br />binding on the signatory thereto. <br />7.2 Entire Agreement; Incorporation of Recitals. This Agreement, together <br />with all Exhibits and the Declaration, constitutes the entire agreement between the parties <br />with respect to the subject matter of this Agreement, and supersedes all prior understandings <br />or agreements. This Agreement may be modified only by a writing signed by both parties. <br />All exhibits to which reference is made in this Agreement are deemed incorporated in this <br />Agreement whether or not actually attached. The Recitals contained in this Agreement are <br />part of the substance provisions of this Agreement. <br />7.3 Partial Invalidity. If any provision of this Agreement is held by a court of <br />competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall <br />continue in full force and effect and shall in no way be impaired or invalidated, and the <br />parties agree to substitute for the invalid or unenforceable provision a valid and enforceable <br />provision that most closely approximates the intent and economic effect of the invalid or <br />unenforceable provision. <br />7.4 Choice of Law. This Agreement and each and every related document are to <br />be governed by, and construed in accordance with the laws of the State of California. <br />7.5 Waiver of Covenants, Conditions or Provisions. The waiver by one party <br />of the performance of any covenant, condition or provisions, or of the time for performing <br />any act, under this Agreement shall not invalidate this Agreement nor shall it be considered <br />000299.0044\ 1087426.6 <br />10 <br />