We are prepared to furnish you (“Prospective Purchaser” or “Purchaser”) with certain material, data and information (herein referred to as the Evaluation Material) in connection with negotiations concerning a possible sale, but only on the condition that you treat such Evaluation Material confidentially as detailed below and confirm certain representations to us.The Prospective Purchaser hereby acknowledges and agrees that by clicking the “I accept” button I agree to follow and abide by the following terms and conditions regarding ;Prospective Purchaser acknowledges that MIDFIELD REALTY is acting on behalf of Owner as exclusive broker in connection with the sale and acknowledges that MIDFIELD REALTY is not the agent of the Purchaser.
1. Confidentiality. Prospect acknowledges that all information and materials provided by Broker regarding the above-referenced Property is confidential and may not be used for any purpose other than evaluation. Prospect’s dissemination of any information and materials provided by Broker will be limited to attorneys, accountants, banking representatives, and business advisors directly involved with the above-referenced Property. In the event the transaction is not successful, Prospect will immediately return to the Broker any information and materials provided by the Broker.
2. Non-Disclosure. Prospect agrees not to disclose to any other person the fact that any discussions or negotiations are taking place regarding the Property, the actual or potential terms, conditions, or facts involved in any such discussions or negotiations.
3. Non-Circumvention. Prospect agrees not to contact the owner, employees of the management company, employees of owner company or tenants currently residing at the property.
4. Verification of Data. No representation is made by the Broker as to the accuracy of the information and materials provided. Prospect agrees to thoroughly review and independently verify the information and materials provided. Broker advises Prospect to consult appropriate professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Property and the transaction contemplated.
5. Disputes. This agreement will be construed in accordance with the laws of the State of Virginia. The Broker will be entitled to all remedies provided by law, including but not limited to injunctive relief and damages. In any litigation arising out of this agreement, the prevailing party will be entitled to recover from the non-prevailing party reasonable attorney’s fees, costs, and expenses.
6. Binding Agreement. The Prospective Purchaser acknowledges and agrees that by including the Agent/Broker’s client’s name in the ‘Client’s Name’ section of this agreement, the listed client is automatically bound by all terms and conditions herein, regardless of their explicit knowledge or acceptance. This binding effect extends to any affiliated entities or individuals associated with the Prospective Purchaser.
7. Please be advised that Midfield Realty shall not provide or contribute to any buyer’s fee or commission in connection with this transaction. All fees or commissions typically associated with buyer representation will be the buyer’s responsibility, and no claim for such fees may be made against Midfield Realty.
By proceeding with access to the Evaluation Material, you affirm your acceptance of and compliance with the terms of this Confidentiality Agreement.
