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Confidentiality Agreement and Non-Circumvention Agreement This agreement is made between Solid Investments of Realty Associates Florida Properties (RA) “Broker” and “Buyer” including their affiliates as it relates to the potential sale of the 100,429 ± SF NNN Monarch Gardens Center for $23,000,000 located in Miramar, FL 33027 (“Property”). In as much as information and materials will be supplied to Buyer so that they may evaluate their decision to submit an offer for the purchase of Property this agreement shall govern the use, rights to, and dissemination of that information. 1. The Evaluation Materials, including any and all financial projections, furnished to you will not be used for any purpose other than to evaluate a possible purchase of the Property for your client’s account. Buyer agrees to keep confidential all of the information and materials, whether written or oral, received from Broker and shall not permit the information and materials to be disclosed to any third party except to any party approved by Broker and to those parties who need access to the information for the exclusive purpose of evaluating a potential transaction for the buyer (“Permitted Parties”). Such Permitted Parties shall be informed by you of the confidential nature of such information and shall be directed by you to treat such information with strict confidence, and shall only be given such information as is necessary to complete their specific tasks. 2. Buyer agrees that no portion of the information or materials submitted by or on behalf of Broker shall be used in any way to the detriment of Broker, Seller, or Property, nor shall Buyer use it other than in connection with evaluation of the Property. 3. Buyer agrees that it will not contact any of the Property’s employees, tenants, or prospective tenants identified by Broker, regarding the sale or lease of the property without the prior written consent of the Broker and Seller. 4. Buyer agrees that Seller shall have the unrestricted right, in its sole discretion, at any time to, (i) reject the registration of Buyer (ii) to reject for any or no reason any and all offers submitted by Buyer, and (iii) to refuse for any or no reason to enter into a proposed sale with Buyer. 5. Buyer understands that Seller is not exclusively negotiating with Buyer and that Seller remains free to negotiate with other purchasers for the sale of Property. 6. Buyer recognizes that irreparable injury may result to Seller, Broker and Property if it breaches any provision of the Agreement, and agrees that if it should engage, or cause any other person or entity to engage, in any act in violation of any such provision hereof, Seller, Broker and Property shall be entitled, in addition to such other remedies, damages and relief as may be available under applicable law, to equitable relief, including any injunction prohibiting it from engaging in any such act. 7. Buyer understands that the information Broker makes available is based on sources deemed reliable but there is no representation or warranty, either expressed or implied, as to the accuracy or completeness of that information. 8. This agreement shall be construed in accordance with, and the performance thereof governed by the laws of the State of Florida and Buyer submits to the jurisdiction of the courts of the State of Florida to resolve any disputes under this Agreement. 9. The Buyer hereto agrees not to intentionally circumvent the Broker contacts as a source to perform any business functions. Additionally the Buyer agrees not to circumvent Broker sources to do business with, or disclose information about the Prospect services and client relationships, potential customers and contacts, to Brokers sources of business contacts without written consent from Broker. 10. Non-Circumvention - If Broker hereto learns that the Buyer is preparing or planning to circumvent the Broker by entering into a contractual agreement with any of the Real Property owners, introduced to Buyer by RA or if Buyer has made an unauthorized disclosure for all or any portions of the proprietary information, the Broker may obtain from a court of competent jurisdiction an order preventing such circumvention of unauthorized disclosure which may include but shall not be limited to restraining the other Party from rendering a contractual agreement between Buyer and seller or receiving any service that would breach this agreement unless the Brokers fee is made part of the agreement between the parties. 11. This agreement will survive the closing. Buyer is prohibited from the distribution of any press release information upon the consummation of a transaction unless written approval is received from Seller and Broker. 12. This agreement shall remain effective for two years from the date executed below and will automatically renew with a continued business relationship.
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All information shown
on www.solidinvestmentsfl.com is believed to be accurate, but is not warranted.
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Solid
Investments of Realty Associates Florida Properties 3087 E. Commercial Blvd. Ft. Lauderdale, FL 33308 |