Confidentiality Agreement

  • Please enter above the address of the property for which you are submitting the Confidentiality Agreement.
  • You are expressing an interest in the potential acquisition of the “Subject Property. MacLaughlin and Company is exclusively marketing the property on behalf of out Client. So that you, the above-signed “Investor, can carefully evaluate any proposed transaction, you have requested from us, and we are prepared to give you, certain proprietary and confidential information concerning the assets in questions and related business operations, including financial information of a strictly confidential nature (the “Evaluation Material”). You recognize that any unauthorized disclosure of such information could have seriously damaging consequences to our Client.

    Having in mind the foregoing considerations, you agree with us that you will not copy, reproduce, or distribute or disclose to others any of the Evaluation material or the contents thereof, in whole or in part, at any time except as provided in this letter. You further agree that you will keep permanently confidential all information contained in the Evaluation Material, which is not already public knowledge and will use such information only for the purpose of evaluating a possible transaction between you and our Client.

    You may disclose the Evaluation Material or information therein only to those of your employees, directors, partners, officers or professional advisors to whom such disclosure is necessary for the purpose of assisting you in evaluating a possible transaction with our Client. You agree to apprise each such person of the confidential nature of such information and the terms of this agreement, and to require each person to abide by the terms of this confidentiality agreement prior to providing any Evaluation Materials or disclosing the contents to such person. You agree that without the prior consent of our Client or MacLaughlin and Company, neither you nor your employees, directors, partners, officers or advisors will disclose to any person either (i) the fact that we have furnished confidential information to you, (ii) the fact that discussions or negotiations are proceeding, or (iii) the status of such discussions or negotiations or any of the terms or proposed terms thereof.

    The term “Evaluation Material” does not include information which (i) becomes generally available to the public other than as a result of a disclosure in violations of this agreement, or (ii) become available to you on a non-confidential basis form a source other than our Client or MacLaughlin and Company, provided that such source is not bound by a confidentiality agreement with out Client and/or MacLaughlin and Company. You understand that our Client and MacLaughlin and Company make no representation or warranty as to the accuracy or completeness of the Evaluation Material, and you agree that our Client, MacLaughlin and Company, and their respective partners, employees or agents will not have any liability to you resulting from your use of the Evaluation Material.

    You acknowledge that MacLaughlin and Company is working on behalf of the Seller as the Exclusive Agent in connection with the sale of the subject property; Cooperating Brokers must exclusively represent the Buyer. Any fee required by buyer’s broker shall be paid by buyer.

    MacLaughlin and Company, our Client, and the respective affiliate partners, officers, directors, shareholders, employees, successors or assignees, shall be indemnified, defended and held harmless by the Investor signing this Agreement against any and all claims, actions, cause of action, judgments, obligations, damages, losses, liabilities, costs and expenditures (including reasonable attorney’s fees) arising out of (a) any claim by any brokers, finder or other agent for commissions, fees, or other compensations for bringing about any actual or proposed transaction with respect to the subject property if such claim or claims are based in whole or in part on dealings with you as Investor, or any of your respective representatives, or (b) a breech of any of the obligations set forth in this Agreement

    Upon request from our Client or MacLaughlin and Company, you will return or destroy the Evaluation Material and any copies of any party thereof, including extracts therefrom. If the foregoing correctly reflects your understanding and agreement, please so indicate by signing in the space provided below.

  • Electronic Signature

  • Your name in this field will act as your digital signature of this confidentiality agreement.
  • Enter date of signature
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