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Confidentiality Agreement for Signature By Prospective Purchaser
F.X. Shushok
The Experts®-Realtors® Real Estate
2202 Augusta
McKinney, TX 75070
972-945-9030 Fax 972-542-9054
Dear Frank,
This will serve to confirm our agreement concerning certain material, data and information (the "Offering Memorandum") which you will make available to us for study in connection with a possible purchase by us of the Property.
You are prepared to furnish us with the Offering Memorandum in connection with discussions and negotiations concerning a possible transaction involving the Property only on the conditions that we treat such Offering Memorandum confidentially and confirm to your furnishing to us the Offering Memorandum, we hereby represent and agree as follows:
- The Offering Memorandum furnished to us will be used solely for evaluating a possible transaction exclusively for our own account, as principal in the transaction and not as a broker or agent for any other person. Therefore we agree to keep all Offering Memorandum strictly confidential, provided however, that any such Offering Memorandum may be disclosed to our directors, officers, or employees, as well as our counsel, accounting firms, and financial institutions who need to know such information for the purpose of the property. Such directors, officers, lawyers, financial institutions, and accountants, ("Permitted Parties") shall be informed by us of the confidentiality nature of such information and shall be directed by us to treat such information with strict confidence.
We agree not to copy or duplicate the Offering Memorandum and to return the Offering Memorandum to you promptly if we decide to discontinue discussions or if requested by you. The Seller or The Experts®-Realtors® Real Estate will have the right, in addition to any other right the Seller or The Experts®-Realtors® Real Estate may have to seek injunctive relief to restrain any breach or threatened breach by us or specific enforcement of such terms. Those who are given access to the Offering Memorandum, in accordance with terms hereof, agree not to disclose to any person, the fact that the Offering Memorandum has been made available to us, the Seller and The Experts®-Realtors® Real Estate are now taking place or other facts with respect to the possible acquisition of the Property.
We agree that neither we nor the Permitted Parties will contact the owner in connection with our reviewing the Offering Memorandum. Any and all questions related to our evaluations must be directed to The Experts®Realtors ® Real Estate.
- Although you have endeavored to include in the Offering Memorandum information which you believe to be relevant for the purpose of helping us in our evaluation of the Property for possible purchase, we understand and acknowledge that neither the Seller of the Property nor The Experts®Realtors ® Real Estate may make any representation or warranty to us as to the accuracy or completeness ofthe Offering Memorandum. We agree that the offices of the The Experts®-Realtors® Real Estate shall not have any liability to us as a result of our use of the Offering Memorandum, and it is understood that we are expected to perform and are responsible for such due diligence investigations and inspections of the Property, including investigations of any environmental conditions, as we deem necessary or desirable and as permitted by agreement with the Seller of the Property.
- We represent that as broker or agent for a buyer that we will register said Buyer with you in writing of their interest in purchasing the property.
- The Experts®-Realtors® Real Estate discloses that they represent the Owner in this transaction and shall be compensated by the Owner. We acknowledge and agree to the representation and compensation disclosed.
Prospective Purchasing Company Name: ________________
Address and Suite Number: _____________________
City, State, and Zip Code: ______________________
Phone/Fax Number: ________________________
Authorized Signature for Company(Print): _______________
Authorized Signature:, ________________________
Acknowledged and Agree on this____, day of ________. 20 __. |
