Non-Disclosure Agreement

This Confidentiality Agreement will confirm our mutual understanding in connection with Action Business Brokerage (ABB) providing, and your receipt of information regarding business and/or property opportunities. “Information” means all oral, written, and/or electronic data, reports, records, or materials obtained from Action Business Brokerage (ABB) or Elm Realty Advisors. ABB will be furnishing you information regarding a business, its financial condition, operations, and prospects of the Company. In consideration of obtaining this proprietary information, you agree:

  • All the propriety information furnished by ABB or the Company to you will be confidential.
  • The information furnished by ABB will include, but is not limited to, financial information on the business being purchased; a sample lease; and a walkthrough with the current owner
  • Unless agreed upon in writing, you will not disclose or reveal any proprietary information for five years from the date to any person(s) or entities(s) other than your employees or representatives who are directly participating in the evaluation of this information for any purpose other than in connection with a proposed acquisition.
  • If you decide that you do not wish to pursue the proposed acquisition, you will advise us of this fact and return to us all proprietary information furnished to you without keeping copies of it.
  • Although you understand that ABB and the Company have included in this proprietary information certain information which we consider to be relevant for the purpose of your investigation, we do not make any representation or warranty as to its accuracy or completeness.
  • You acknowledge that ABB represents the Seller.
  • The respective obligations of the parties under this Agreement shall survive this Agreement.
  • The undersigned acknowledges the responsibility to perform a due diligence review at its own cost and expense prior to any acquisition, to the extent the undersigned deems necessary. The undersigned hereby agrees that in the event its signature below is obtained via facsimile transmission, said signature shall be deemed legally binding, as it would have been if the signature had been obtained in person. In addition, if your name is printed and emailed from prospective buyers’ email, this also shall be deemed legally binding by acting as a signature.