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NON-DISCLOSURE
NON-DISCLOSURE & CONFIDENTIALITY FORM
The Seller has agreed to make available to the undersigned and its accountants, attorneys and other representatives and advisors, access to it's facilities, properties, office, and books and records, in order that the undersigned may make such investigation as it shall desire with respect to the assets, properties, business, and operations of Seller. This is accomplished during a due diligence period after an Offer to Purchase is accepted by Seller.
In consideration of such disclosure and access, the undersigned, its accountants, attorneys, and other advisors, agree to hold in strict confidence all data and information obtained from Seller or from any representative, officer, director, or employee, or from any books or records, or from personal investigation of the Seller, or any affiliate or subsidiary.
In the event an acquisition or merger or other transaction is not completed, the undersigned hereby agrees not to use any information obtained in the course of its investigation in an adverse manner.
The undersigned further agrees to indemnify the Seller and Affiliated Business Brokers, Inc., for any loss, claim or damage which both or either may suffer as a result of the breach by the undersigned of the terms hereof. In addition, the undersigned agrees not to contact the Seller, his employees, suppliers, or customers, except through Broker and that all correspondence, inquiries, offers to purchase and negotiations relating to the transaction shall be presented to Broker and conducted exclusively through Broker. Upon violation or threatened violation of the terms of this Agreement, Seller and Affiliated Business Brokers, Inc., shall be entitled to injunctive and/or other equitable relief on the grounds that such conduct, if not restrained and/or other equitable relief not granted, would result in irreparable and serious harm to Seller and Affi,liated Business Brokers, Inc., for which damages would be an inadequate remedy. Seller and Affiliated Business Brokers, Inc., shall be entitled to reimbursement for all expenses, including attorney's fees incurred in attempting to enforce and protect its interests as stated herein except as the undersigned shall be found in compliance with this agreement in a court of law, in which event undersigned shall be entitled to reimbursement by the Seller and Affiliated Business Brokers, Inc., for attorney's fees incurred in its defense.
THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THEY, THEIR FAMILY MEMBERS, NOR ANY OF THEIR ASSOCIATES ARE EMPLOYEES OF, OR ASSOCIATED WITH THE INTERNAL REVENUE SERVICE.
It is understood that Broker is acting as a Transaction Broker in the sale of this business and has a contract providing for a fee to be paid by the Seller upon the sale or other disposition of the Seller's business or property.
This Business Opportunity Presentation contains confidential and proprietary information on the subject business. This information is provided by the Seller in confidence, and is intended to be used by the Undersigned, if at all, solely for the purpose of initially evaluating the subject business for possible acquisition. Undersigned warrants and represents that they will not use this information for any improper purpose or in any adverse way that would affect the business or their directors, officers or shareholders in any negative manner. The Undersigned further warrants and represents that it shall keep this information strictly confidential and shall neither copy, otherwise reproduce, nor distribute or disclose such information, except to Buyer’s professional advisors.
This information, provided by the Seller, has “not” been verified by Affiliated Business Brokers., Inc. for its accuracy. The buyer is advised that this information may not be complete and may not provide all the information that is necessary to fully and accurately evaluate the subject business. It will be up to the Undersigned and the their advisors to determine what information is required to properly evaluate any business they are interested in acquiring. Affiliated Business Brokers, Inc. does not warrant the accuracy or the completeness of the information provided in this Presentation.
Undersigned will rely on their own independent investigation to determine whether they ultimately wish to purchase any business listed with Affiliated Business Brokers, Inc. and agree to release and hold Affiliated Business Brokers, Inc., its agents and employees harmless against any cause of action, claims, demands and/or damages against Affiliated Business Brokers, Inc. by reason of inaccuracy or incompleteness of any information provided by Seller during the course of such investigation.
Signature: ___________________________________Date ________________
name: (please print) ________________________________________________
Phone: (home) ____/______/___________
Address: ___________________________
City:______________________________State: ____ Zip: ______
E-mail Address: ______________________________________
Business you are interested in: _____________________________________________
Affiliated Business Brokers, Inc.
Colorado Springs, CO 80906 719-540-9666 Fax
719-540-9666 Fax
