in the event of any conflict between the agreement and this addendum, the terms and provisions of this addendum shall be deemed to be controlling. at such time as the buyer’s contingencies are approved or waived by buyer pursuant to paragraph 9 of the agreement, the deposit shall be non-refundable, except as may be otherwise expressly provided in this agreement, and applied to the purchase price at closing. buyer shall indemnify, defend, protect and hold harmless seller and the property in connection with its inspection of the property as more particularly provided in paragraph 14 of the agreement, which obligation on the part of buyer shall survive, as applicable, any termination of this agreement or the close of escrow and recordation of the deed. however, except in the event of an anticipatory breach by seller, the failure of any condition or contingency shall not constitute a default by seller, and buyer shall have no right to declare seller in default hereunder unless buyer has performed all obligations of buyer under this agreement, and has satisfied or waived, as applicable, all conditions and contingencies to buyer’s obligation to close hereunder. the submittal of the agreement and this addendum to buyer for examination and negotiation does not constitute an offer to sell or an option to purchase the property.