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Potential Purchaser as a principal/employee/officer and/or direct
authorized agent hereby acknowledges that the identity of Sellers
and confidential information of Sellers and their businesses,
including but not limited to, records, studies, and trade practices,
trade secrets, and employee information will be disclosed to me by
National Business Brokers, Ltd. These disclosures will be given in
SECRECY AND CONFIDENCE and used for the sole purpose of assessing the
prospective purchase of a business through National Business Brokers,
Ltd.THE SELLER IS HEREBY DESIGNATED AS A THIRD PARTY BENEFICIARY TO
THIS AGREEMENT.
I agree not to disclose any of the confidential information given in
connection herewith, either directly or indirectly, to third parties
except such limited third parties as are necessary to assess the
prospective purchase of a business or to complete the same; provided
that I shall ensure that all such third parties preserve all
confidential information shared with them. I also agree not to use,
or permit or assist others to use, directly or indirectly, any such
information to the detriment of the business, and I agree not to
circumvent National Business Brokers, Ltd., in any transaction.
Further, I agree not to contact the Seller, his employees, suppliers
and/or customers of the business directly, and to channel all
correspondence, negotiations, inquiries, investigation, and purchase
offers, if any, directly through National Business Brokers, Ltd.,
unless specifically authorized in writing to negotiate directly with
the Sellers.
I acknowledge that any breach of this Non-Disclosure Agreement,
directly or indirectly, shall be deemed irreparably harmful to
National Business Brokers, Ltd., and Seller, and that all remedies
at law or equity will be available to National Business Brokers,
Ltd., and Seller for any such breach or threatened breach. I agree
that this Non-Disclosure Agreement will be governed by the laws of
the State of Colorado. In the event National Business Brokers, Ltd.
and/or Seller must commence legal action to enforce the provisions
of this agreement, I agree to pay all fees, expenses, and interest,
at the maximum allowable by Colorado Law, including reasonable
attorney fees, which National Business Brokers, Ltd., and/or Seller
may incur. Any actions commenced to enforce or interpret this
Agreement shall be brought in the State of Colorado.
It is understood that this Agreement applies to any information
supplied by National Business Brokers, Ltd., verbally or in writing
whether supplied prior to or after the date hereof.
This also acknowledges that the undersigned buyer(s) have been advised
that National Business Brokers, Ltd., is acting as a Transaction Broker.
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