1. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION:
A. The Parties agree not to disclose or otherwise reveal certain confidential material relating to the Business/Property, which will include, but not be limited to, a Property Summary, survey, insurance data, operating income statements, tax returns, dredge project data, and other information related to the Business/Property (collectively, the Protected Property). The Protected Property will be furnished to the Prospective Purchaser, its employees, agents, attorneys, accountants, and advisors, and is to be used only for determining whether the Prospective Purchaser desires to purchase the Business/Property.
B. The Prospective purchaser agrees that under no circumstances shall the Prospective Purchaser initiate, pursue or communicate in any form or manner with any person, firm, corporation, governmental agency, public entity, or any business contacts of the Business/Property (including any employees, agents, attorneys, accountants, advisors, suppliers, customers, bank representatives, or SIDA members) without the prior express written consent of the Seller and /or Agent, which can be withheld for any reason.
C. The Prospective Purchaser agrees to return all originals and copies of any Protected Property and related material promptly after a request by the Seller and/or Agent. The Prospective Purchaser agrees to return all originals and copies of any protected Property and related materials should the Prospective Purchaser fail to purchase the Business/Property.
D. It is expressly agreed by the parties to this Agreement that, in the event of a breach of this Agreement by the Prospective Purchaser, and a lawsuit or other legal proceeding is instituted to recover the liquidated damages, the Prospective Purchaser agrees to pay attorney fees plus costs in an amount as the court may deem just and reasonable.
2. NON-CIRCUMVENTION / FEE:
A. The Parties hereto agree not to circumvent Marine Realty, Inc. (MRI) in this transaction or any transaction related to the principals of the Parties. Each Party agrees and covenants not to circumvent, bypass or obviate the other in any dealings, present, or future, with any entities or individuals introduced or brought into transaction interactions by the Party/Parties.
B. The Parties acknowledge that MRI is entitled to a fee as a Transaction Broker or a Consultant in this transaction, which Fee shall be paid by the SELLER, the amount of which shall be disclosed at the time of a formal contract, including any participation with any other Brokers and/or Agents.
3. TERM:
This Agreement carries a one year commitment from the dates of signature herein, and is applicable for any and all transactions entertained between the Parties regardless of the results for any particular project.
4. DEFINITION OF PARTIES:
The terms of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the Parties hereto and their respective heirs, representatives, successors, and assigns, who do in any way have access and/or benefit of the information derived from the interactions and relationship between the Parties signing this Agreement.
Marine Realty Copyright © 2011 Marine Realty All rights reserved.
401 Southwest 1st Avenue, Suite 303
Fort Lauderdale, FL. 33301
Bus: (954) 522-6262
Cell: (954) 614-2888
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“I have read the Marine Realty NON-DISCLOSURE OF CONFIDENTIAL INFORMATION document and I agree to abide by the terms therein.”
