McMurry & Swift Confidentiality Agreement
A confidentiality agreement needs to be signed by any prospective purchaser prior to any specific business information being divulged.
This will acknowledge that on this date I have received from McMurry & Swift, Inc. (hereinafter referred to as MSI) certain pertinent and confidential information relating to the following property(ies):
(General industry i.e. hospitality, service, manufacturing, etc. ) i.e.
Restaurant (hospitality) business located in W. WA
Business name and address will be disclosed after obtaining the necessary signature below
By signing this agreement, I acknowledge the following:
- I will not disclose any information given to me by MSI to anyone other than my accountant, attorney, or other personal advisor. It is important to the business involved that such information, whether written or oral, not reach the employees, competitors, customers, or other persons who could benefit from such information.
- I agree to conduct all contact with Sellers, whether written or oral, through MSI. MSI will arrange and attend all meetings with Sellers.
- I understand that the financial data provided to me by MSI has not been audited by MSI, and therefore it is not warranted by MSI to be accurate. (However, the Seller has warranted it to be accurate.) I agree to conduct my own close inspection of any financial or other data at the time I make an offer.
- I also agree that any negotiation for the purchase or further investigation of the above property(ies) will be handled exclusively through the office of MSI and they are to be considered the agency first disclosing details of the above property(ies) to the undersigned.
- I will not disclose or make known to others that the business and its property are for sale.
- The written and oral information made available to me shall be used for the sole and exclusive purpose of evaluating the property and/or business for the purpose of purchase, lease, or merger. Under no circumstances will I use any of this information in any way which might be harmful or prejudicial to the Seller in the conduct of his business.
- I will not contact the owner's banker, accountant, attorney, employees, suppliers, clients, or customers without written permission of MSI.
- The above referenced Proprietary Information shall not include information and data which the undersigned can show:
- was publicly available;
- was validly in the undersigned's possession prior to receipt thereof from Company;
- was rightfully received by the undersigned from a third party having no fiduciary relationship to the undersigned or Company and having no obligation of confidentiality with respect to such information and data; or
- the undersigned developed independently and without any reference to information and data received from Company.
My signature below acknowledges that I have been informed by McMurry & Swift, Inc. that they are authorized by seller to represent the above as for sale, that they are acting as agent for the SELLER in this transaction and that I have received a copy of THE LAW OF REAL ESTATE AGENCY pamphlet which described my legal rights as per CHAPTER 18.86 RCW.
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