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CONFIDENTIALITY AND NON-CIRCUMVENTION AGREEMENTThe Accepting Party, as defined below, is interested in obtaining information from Rahim Kassam and itsmembers, managers, consultants, agents, and employees, (individually and collectively, "Owner") regarding4501 Central Avenue, NE, Albuquerque, New Mexico 87108, Parcel ID #101705731123943209, +/- 1.61Acres in Bernalillo County (the "Property") in order to evaluate the possible acquisition of the Property or anyinterest therein (the "Proposed Transaction"). The Owner will not deliver to Accepting Party any informationwith respect to the Property which may be confidential and/or proprietary in nature unless and until AcceptingParty executes and delivers this Confidentiality an d Non-Circumvention Agreement (the "Agreement"). Byexecuting and delivering this Agreement and accepting the Evaluation Materials, as defined below, AcceptingParty hereby agrees as follows:1. Confidentiality. Any information with respect to the Proposed Transaction (collectively, the "EvaluationMaterials") provided to Accepting Party by Owner will be used solely for the purpose of evaluatingthe Proposed Transaction and will not be used or duplicated for any other purpose. This Agreementshall bind Accepting Party and its shareholders, members, managers, officers, directors, principals,independent contractors, employees, employers, partners, and affiliates (individually and collectivelythe “Accepting Party”). Accepting Party shall keep all Evaluation Materials strictly confidential andshall use such information only in connection with the Proposed Transaction and in accordance withthe terms of this Agreement. Under no circumstance shall Accepting Party use the Evaluation Materialsto the detriment of the Owner. The unauthorized release of this information could cause harm toOwner. If any party believes that the unauthorized disclosure of any or all of the Evaluation Materialsis likely to occur, Accepting Party shall take all reasonable measures, and shall support any reasonablemeasures by Owner, to prevent such disclosure.2. Return of Evaluation Materials. If, at any time, Accepting Party elects not to proceed with the ProposedTransaction or, upon request of Owner, Accepting Party will promptly deliver to Owner all EvaluationMaterials received by Accepting Party, whether received before or after the date of this Agreement,retaining only a copy of the Evaluation Materials pursuant to Accepting Party’s document retentionpolicy.3. No Disclosure. Accepting Party shall not disclose (i) the fact that discussions are taking placeconcerning the Proposed Transaction; or (ii) any of the terms of the Evaluation Materials to any thirdparty, unless said third party enters into a confidentiality agreement concerning the ProposedTransaction on terms substantially similar to the terms of this Agreement.
4. No Obligation. Owner is under no legal obligation by virtue of this Agreement to either discuss theProposed Transaction, deliver further Evaluation Materials, or complete the Proposed Transaction.5. Remedies. If an unauthorized disclosure of any or all of the Evaluation Materials has occurred,Accepting Party shall not interfere with any effort by Owner to pursue remedies available for theunauthorized disclosure. Accepting Party hereby agrees to indemnify an d hold harmless Owneragainst any and all costs, loss, liability or expense, including attorney's fees, arising from any breachof Accepting Party’s obligations under this Agreement.ACCEPTED AND AGREED TO THIS ____________DAY OF_________ 2024ACCEPTING PARTY:Signature: _________________________ Address: ______________________Name/Title: _________________________ Phone: ________________________Company: _________________________ Email: _________________________