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CONFIDENTIALITY AGREEMENTThe undersigned has been advised that Kidder Mathews (“KIDDER MATHEWS”) has been retainedon an exclusive basis with respect to the sale of the Property. The owner has indicated that allinquiries and communications with respect to the contemplated sale of such Property be directed toKIDDER MATHEWS.KIDDER MATHEWS has available for review certain information (“Confidential Information”)concerning the Property. On behalf of owner, KIDDER MATHEWS may make such ConfidentialInformation available to the undersigned upon execution of this Confidentiality Agreement. As usedherein, the term “Confidential Information” means information disclosed by KIDDER MATHEWS orowner to you with respect to the Property, whether delivered orally, by computer disc, by fax, visuallyor in hard copy, and which is confidential or proprietary in nature. “Confidential Information” shallinclude analyses, compilations and studies developed by you to the extent the same incorporatesConfidential Information provided by KIDDER MATHEWS or owner to you. The ConfidentialInformation is intended solely for your own limited use in considering whether to pursue negotiationsto invest in the Property. This is not an agreement to sell the Property nor an offer of sale. Noagreement binding upon owner of the Property, or any of its associated or affiliated companies, shallbe deemed to exist, at law or equity, until owner of the Property enters into a formal bindingagreement of sale.The Confidential Information contains brief, selected information pertaining to the business andaffairs of owner, and has been prepared by KIDDER MATHEWS, primarily from information suppliedby owner. It does not purport to be all-inclusive or to contain all the information that a prospectivebuyer may desire. Neither KIDDER MATHEWS nor Owner make any representation or warranty,expressed or implied, as to the accuracy or completeness of the Confidential Information and nolegal liability is assumed or to be implied with respect thereto.By executing this Confidentiality Agreement, you agree that the Confidential Information provided isconfidential, that you will hold and treat it in the strictest of confidence, and that you will not discloseor permit anyone else to disclose the Confidential Information to any person, firm, or entity withoutprior written authorization of owner or KIDDER MATHEWS, except that the information may bedisclosed to your partners, employees, legal counsel, and lenders on a need to know basis, orpursuant to a court order. In the event you become legally obligated to disclose any ConfidentialInformation, you will provide owner and KIDDER MATHEWS prompt notice thereof so that ownermay seek a protective order or other appropriate remedy and/or waive compliance with thisAgreement. The owner expressly reserves the right in its sole discretion to reject any or all proposalsor expressions of interest in the Property and to terminate discussions with any party at any time withor without notice. The undersigned hereby agrees to return the Confidential Information to KIDDERMATHEWS immediately without retaining any copies thereof if negotiations are not pursued or uponcessation of any negotiations or demand by KIDDER MATHEWS.
The undersigned parties hereby acknowledge that they have not dealt with any broker other thanKIDDER MATHEWS regarding the acquisition of the Property, or if they have, the undersignedparties hereby agree to indemnify owner and KIDDER MATHEWS against any compensation,liability, or expense arising from claims by any other broker or other party in connection with the saleof the Property. If buyer elects to engage a buyer's broker, then buyer agrees to pay buyer's brokerfee. Prospective buyer and buyer's broker, if any, acknowledge that Seller agrees to pay buyer'sbroker per a separate agreement.Do you agree to the Confidentiality Agreement above?YesNoFirst Name Last NameEmail Address Phone NumberCompany RoleAddressCity/State Zip/Postal Code