The undersigned (Buyer(s)) acknowledges that all financial, operational, and other pertinent non-public information pertaining to all businesses introduced by Benchmark Business Group, LLC (BBG) is to be held in the strictest confidence.
Buyer(s) therefore agrees: 1) to hold all disclosed information in trust and confidence and will not divulge information to others, except to secure advice from counsel (attorneys and/or accountants), 2) to conduct all further inquiries into business information exclusively through the offices of BBG, and 3) Buyer will not directly or indirectly use the information obtained to cause damages to Seller.
If the negotiations for the sale of any businesses represented by BBG are not successful or an agreement to purchase is not reached, Buyer(s) agrees to hold in confidence, now and in the future, the particulars of any negotiations or discussion of the businesses and will promptly destroy all paper, and/or electronic files provided by BBG.
BBG, its employees, agents and representatives, agree to hold in confidence all information regarding the Buyer which has been supplied by Buyer to BBG and which is not otherwise generally available to the public, including but not limited to, financial or operating information, information regarding Buyer personnel, and information regarding Buyer company strategies. Notwithstanding the foregoing agreement, if Buyer enters into negotiations for purchase of Seller’s business, BBG is specifically authorized to disclose such information to 1) the Seller and its officers, principals, agents, representatives, and professional advisors, and 2) any proposed lender and its representatives and advisors who may be considering financing Buyer for any transaction between Seller and Buyer for the purchase of Seller’s business.
Buyer(s) hereby acknowledge that the Seller has supplied the listing information and the Seller warrants such information to be true, current and complete. The Buyer(s) shall indemnify and hold BBG harmless against all claims, obligations, debts, liabilities, damages, or causes of action arising out of or attributable to businesses or transactions completed through this office. Any and all information and data about businesses, including financial records, asset lists, literature, analyses of operations, and any other facts are the representations of the Seller. Broker disclaims any responsibility for its accuracy. Buyer agrees to hold Broker harmless against any liability arising from any inaccuracy or inadequacy of the information so provided.
This agreement may not be terminated or superseded without the expressed written consent and signatures of both the Buyer(s) and BBG.
It is clearly understood and agreed to that BBG represents the Seller only for the sale of businesses and real estate unless stated otherwise in a Buyer-Agency contract.
Buyer(s) hereby acknowledges and confirms understanding of this document. This agreement replaces all previous agreements between Buyer and Broker.