Because most LOOs are NONbinding. This one is BINDING! ECGI
Any good attorney will structure a "binding" LOI with terms and conditions that the parties must meet. The LOI that would be entered into here would be no different. What makes the timing of the CTO interesting is that they feel confident in the terms and conditions. That said, any LOI or MOU is as about as binding as that roll of toilet paper you will find in any bathroom.