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CONFIDENTIALITY AGREEMENT SECTION 292, HORIZON BOULEVARD, EL PASO, TXCUSHMAN &WAKEFIELD 1CONFIDENTIALITY AGREEMENTThis Confidentiality Agreement (this "Agreement") is entered into as of this date between thecompany and/or individual signing this agreement ("Recipient") and Cushman & Wakefield U.S., Inc.("C&W").C&W is furnishing to Recipient certain non-public, confidential, and proprietary informationbelonging to C&W's client in connection with ±627 acres of real property located at Horizon Boulevard, ElPaso, Texas 79928, known currently as “Leigh Clark Survey 292” and “Leigh Clark Survey 292 NW PT” (the"Purpose"). All such information furnished by C&W to Recipient or its officers, directors, employees,agents, or representatives ("Representatives") is referred to in this Agreement as the "Information". As acondition to furnishing any Information to Recipient, Recipient agrees as follows:1. The Information will be kept confidential by Recipient, and will not, without the prior writtenconsent of C&W, be disclosed by Recipient in any manner whatsoever, in whole or in part, and will not beused by Recipient, directly or indirectly, for any purpose other than for the Purpose; provided, however,that (i) Recipient may transmit the Information to its Representatives who need to know the Informationstrictly in connection with the Purpose, and who are informed by Recipient of the confidential nature ofthe Information, and (ii) Recipient may disclose Information, in accordance with paragraph 4 below, to theextent that any such Information is legally required to be disclosed.2. This Agreement shall not apply to any Information which: (a) is or becomes generally availableto the public other than as a result of a disclosure by Recipient or its Representatives; (b) became orbecomes available to Recipient or its Representatives on a non-confidential basis from a source otherthan C&W; or (c) is independently ascertained by Recipient or its Representatives.3. At C&W's request, Recipient shall promptly return all Information furnished to Recipient and itsRepresentatives, or, at C&W's election, destroy such Information (such destruction to be certified inwriting to C&W by an authorized officer supervising such destruction).4. If Recipient becomes legally compelled (by interrogatories, requests for information ordocuments, subpoena, civil investigative demand or similar process) to disclose any of the Information,Recipient will provide C&W with prompt written notice so that C&W and/or C&W's client may seek aprotective order or other appropriate remedy and/or waive compliance with the provisions of thisAgreement. If such protective order or remedy is not obtained, or C&W waives compliance with theprovisions of this Agreement, Recipient shall cooperate with C&W in any attempt by C&W to obtainassurance that confidential treatment will be accorded the Information so furnished.5. This Agreement shall be governed by the laws of the State of Texas.6. If Recipient breaches or threatens to breach any provisions of this Agreement, C&W will havethe right and remedy, in addition to any other rights and remedies it may have under law or in equity, tohave its rights under this Agreement specifically enforced by any court having equity jurisdiction, allwithout the need to post a bond or any other security or to prove any amount of actual damage or thatmoney damages would not provide an adequate remedy, it being acknowledged and agreed that anysuch breach or threatened breach will cause irreparable injury to C&W and C&W's client and thatmonetary damages will not provide an adequate remedy. Each party hereto hereby irrevocably andunconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Texas and ofthe United States of America located in the City of Austin for any actions, suits or proceedings arising outof or relating to this Agreement.7. It is understood and agreed that no failure or delay by C&W in exercising any right, power orprivilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercisethereof preclude any other or future exercise of any right, power, or privilege hereunder.
CONFIDENTIALITY AGREEMENT SECTION 292, HORIZON BOULEVARD, EL PASO, TXCUSHMAN &WAKEFIELD 28. Any notice required or permitted to be given under this Agreement shall be in writing, by handdelivery, commercial overnight courier or certified or registered U.S. Mail, postage prepaid and returnreceipt requested, to the address stated below for C&W, and shall be deemed duly given upon receipt, orif by certified or registered mail three (3) business days following deposit in the U.S. Mail. The partieshereto may from time to time designate in writing other addresses expressly for the purpose of receipt ofnotice hereunder.If to C&W:405 Colorado St.Suite 2300Austin, Texas 787019. This Agreement may be executed in any number of counterparts, each of which shall bedeemed to be an original, and all of which shall constitute one and the same agreement.10. The individual signing this Agreement warrants that he or she has been duly authorized toexecute this Agreement on behalf of Recipient, as the case may be.IN WITNESS WHEREOF, the parties agree to the terms and conditions set forth above.