NON-EXCLUSIVE BUYER AGENCY CONFIDENTIALITY AGREEMENT
Non-Circumvent –- Non-Disclosure Statement – Confidentiality Agreement
______herein after referred to as “CLIENT”, acknowledges and agrees that CLIENT approached Keystone Realty U.S.A., a New York Licensed Real Estate Broker, herein after referred to “BROKER” to advise the CLIENT of the availability concerning the following described:
_____Business Opportunities______
Description ID #
_____Real Properties______
Description ID #
1A) ______
Address
1B) ______
Address
2) CLIENT understands and agrees that all dealings concerning said business and/or properties will be handled through Broker and that the CLIENT will pay for services rendered by said Broker, unless otherwise stipulated in writing. CLIENT further agrees that information received with respect to the above mentioned properties and/or business opportunities will be kept in strict confidence and that CLIENT shall not disclose this information to any person, except those parties specifically involved in the transaction itself. The Client’s sole purpose in seeking information about the properties and/or business opportunities is to purchase the property or business. In the event that the CLIENT violates this confidentiality covenant or any other covenant herein with respect to designated contact, the term Broker shall be deemed to include all and any other brokers with whom Broker is co-broking.
3) Verification of Data: All data on the properties and or business opportunities is provided for information purposes only and Broker makes no representation as to the accuracy of the data provided. Broker shall encourage CLIENT to thoroughly review and independently verify to Client’s own satisfaction that the data provided is substantially representative of the business activity of the designated contact and can be relied upon when considering the purchase of said property. CLIENT acknowledges that CLIENT has been advised to seek independent advisement to verify the information supplied by Broker and to examine any and all applicable documents relevant to this transaction.
4) Non-Disclosure: In the event that the CLIENT discloses the availability of said designated contact and/or business opportunities to any third party and this third party purchases the business opportunities and/or real properties without Broker, then CLIENT in addition to the remedies specified herein above, will also be responsible for the payment of Broker’s commission and all legal fees. The Broker’s commission upon default by the CLIENT will be ______% of purchase/sale price.
5) COMPENSATION: CLIENT will pay Keystone Realty U.S.A., a Licensed Real Estate Brokerage in the State of New York, as a Finder’s Fee and/or compensation, ______% of the transaction price consummated through the Designated Contact.
6) Non-Circumvent: CLIENT agrees not to deal with Designated Contact for two (2) years from date of this Agreement, either directly or indirectly, without the Broker’s prior written consent and should the CLIENT do so and a sale, lease, joint venture or any other financial arrangement is consummated, including leasing the Designated Contact’s premises from landlord, the CLIENT shall be liable jointly and severally with the designated contact to the Broker for any and all damages, which the Broker may suffer, including but not limited to liability for the commission which would be payable on the listing and/or selling price or the minimum commission, which ever is greater as stated in paragraph 4 of this Agreement.
7) Disputes: This contract shall be governed by the laws of the State of New York and the parties, hereby agree to submit any controversy or claim arising out of or relating to this Agreement, or breach to binging arbitration under the auspices and rules of the National Mediation and Arbitration Association (N.A.M.). A judgment upon any award rendered by the arbitrator shall be entered by a court having subject matter jurisdiction therein, and all parties expressly waive any challenge to this paragraph. The parties further agree that the jurisdiction and venue for the entry of judgment upon said arbitration award shall be in the County of Nassau. The arbitrator’s costs, all arbitration fees, reasonable attorney’s fees and costs shall be awarded to the prevailing party.
8) Designated Contact shall be deemed to be the party or parties identified herein. Facsimile copies of this Agreement shall be considered for all purposes as originals of same.
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Print Client’s Name Company Representing
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Client’s Signature Date
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Address City, State, Zip
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Phone Number Fax Number Email
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Keystone Realty U.S.A. Authorized Representative Date