First Name Last Name Email address Phone City Address Address 1 ZIP Code Confidential Statement THIS AGREEMENT is made as of _______ day of _____________, 20______ and shall remain in full force and effect for a period of twelve (36) months from this date. If Accepting Party as defined herein executes this Agreement, then Wilkinson ERA (“Broker”) or Kiran Patel (“Consultant”) shall deliver to _____________________________ (“Accepting Party”) certain information concerning the following property: “Property” defined as any Commercial Real Estate property or Business “Accepting party” defined as signing party or immediate family members “ Broker/Consultant” defined as Wilkinson ERA/Kiran Patel By entering into this Confidentiality Agreement (“Agreement”) and accepting the Evaluation Material, and in consideration of its being given access to same, Accepting Party agrees as follows: 1. Except for the sole purpose of Accepting Party’s evaluation of the Evaluation Material by Accepting Party, Accepting Party shall not use, duplicate or disclose any of the Evaluation Material. The use or transmission of Evaluation Material for any other purpose including, without limitation, for the purpose of contacting the Owner’s current tenants or mortgagees (if any), is hereby strictly prohibited. 2. Accepting Party is strictly prohibited from divulging any confidential information or releasing any Evaluation Material without the prior written consent of the Owner. However, Accepting Party may deliver Evaluation Material to persons or entities who, because of their involvement with, or interest in, the Proposed Transaction, need to know such information for the purpose of giving advice to Accepting Party with respect to, or consummating, the Proposed Transaction (all of whom are collectively referred to as “Related Parties”). In addition, if Accepting Party is a broker, then prospective purchasers or lenders, and their brokers, shall also be included within the definition of “Related Parties”. All Related Parties shall treat Evaluation Materials as confidential and shall agree to be bound by the same conditions and confidentiality provisions as the Accepting Party. 3. Accepting Party shall not divulge any such confidential information or release such Evaluation Material to a Related Party, except: 1) After such person has been identified in writing; 2) After Owner has approved in writing the furnishing of such Evaluation Material to such person; and 3) After such person has entered into, and delivered to Broker, a Confidentiality Agreement which contains provisions substantially the same as the provisions of this Agreement. The term “person” as used throughout this Agreement shall be construed broadly to include, without limitation, any corporation, company, partnership, business entity, or individual. 4. Accepting Party shall keep all Evaluation Material strictly confidential. Accepting Party shall inform all Related Parties of the confidential nature of such information and shall cause such Related Parties to keep all such information in the strictest confidence and to use such information only in connection with the Proposed Transaction and in accordance with the terms of this Agreement. 5. If Accepting Party or a Related Party does not enter into the Proposed Transaction, and/or at any time the Broker so requests, the Accepting Party shall promptly surrender or destroy all Evaluation Material furnished to it, whether furnished before or after the date of this Agreement, including all copies thereof in Accepting Party’s possession or control. Thereafter, Accepting Party shall not retain any copies, summaries, or other compilations of the Evaluation Material, and shall destroy all documents, analyses, memoranda, notes, or other writings and electronic media prepared by or on behalf of Accepting Party and based in whole or in part upon any Evaluation Material. 6. Accepting Party shall not: 1) Disclose the fact that discussions or negotiations are taking place concerning the Proposed Transaction, or any of the terms thereof; or 2) Conduct any discussions or negotiations, or make any inquiries, concerning the Proposed Transaction with any person or entity, except as may be permitted by the preceding paragraphs or as may be required by law. 7. Accepting Party acknowledges that its breach of this Agreement could damage the Owner, and that the dollar amount of such damages could be substantial; moreover, Accepting Party acknowledges that remedies at law may be inadequate to compensate for violation of this Agreement. 8. Accepting Party acknowledges and agrees that Broker make[s] no representations or warranties as to the accuracy or completeness of the Evaluation Material or that actual results will conform to any projections; Broker expressly disclaim[s] any and all liability for representations or warranties, express or implied, contained in the Evaluation Material, or in any other written or oral communication transmitted or made available to Accepting Party by Broker. 9. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Properties are situated. 10. Accepting Party should not visit the property nor reach out/communicate with any empliyee without permission from seller 11. In an event the Accepting party breaches any provision in this Confidentiality Agreement or purchase/attempt to purchase the property directly from seller or from any other firm, purchaser will be responsible to pay Broker’s commission of 6% to Wilkinson ERA or Consultant along with any liquidated damages suffered as a result of such breach, including, without limitation, attorney's fees. 12. Accepting party agrees to work with Wilkinson ERA or Consultant and gives Wilkinson ERA or Consultant an Exclusive right to represent for the purchase/sale of properties which are disclosed with Accepting party via email or txt or other means for a period of one year from the signing of this agreement. Accordingly, Accepting Party hereby agrees in advance to the granting of injunctive relief in Owner’s favor without proof of actual damages, in addition to any other remedies available at law or in equity. Accepting Party shall reimburse Owner for all costs and expenses, including reasonable attorney’s fees, incurred by them in successfully enforcing the obligations of Accepting Party and/or a Related Party under this Agreement. The obligations set forth in this Principal Confidentiality Agreement shall terminate 36 months from the date set forth below. By accepting this Information, you agree that you will hold and treat the Information and the Contents in the strictest confidence, that you will not photocopy or duplicate the Information or any part thereof, that you will not disclose the Information or any of the Contents to any other entity (except for your third-party institutional lenders for financing sought by you, if necessary, in your opinion, to assist in your determination of whether or not to make a proposal) without the prior authorization of the Owner or Agent, and that you will not use the Information or any of the Contents in any fashion or manner detrimental to the interest of the Owner or Broker or Consultant. ACCEPTED AND AGREED TO : Signature : _____________________________________ Date: _________________________ Name(Print) : _____________________________________ Address : _________________________________________________________________________ City : _______________________________ State : __________ Zip : __________________ Phone : ________________________________________________ Email : ________________________________________________ Sign Initial I have read and agree to the terms & conditions Leave this field empty if you're human:
