1. In consideration of the Vendor providing financial and any other information relating to the property and business conducted thereon (the “Confidential Information”) to the Recipient, the Recipient acknowledges the confidentiality of the information and the potential damage to the Vendor of a breach of confidentiality, and undertakes:
a. to keep confidential the Confidential Information
b. to use the Confidential Information solely for the purpose of evaluating the opportunity to purchase the property or business from the Vendor and for no other purpose
c. not to use or allow the Confidential Information to be used to gain any advantage to the Recipient or any other party
d. not to allow the use of the Confidential Information to disadvantage the Vendor or the Property or business conducted thereon.
e. not to disclose the Confidential Information other than to professional advisors, directors or employees of the Recipient who have agreed to be bound by this Confidentiality Agreement, and who undertake to maintain strict security over the Confidential Information, and where the Recipient is acting on behalf of its client, the client also agrees to be bound by this Confidentiality Agreement
f. to return all Confidential Information and related notes or copies thereof upon request by the Vendor or the Vendor’s agents, Aqua Carwash Sales (the “Agents”).
g. not to communicate directly or indirectly the Recipient’s interest in the Property or business conducted thereon offered by the Vendor, with any customers, suppliers or employees of the Vendor.
h. not to disclose to any party (other than those covered by e. above) that discussions have been held in relation to the Vendor, or the opportunity to purchase the Property or Business.
2. The Recipient makes this undertaking in favor of the Vendor who may enforce its conditions and or recover damages from the Recipient in the event of a breach of the undertaking by the Recipient or anyone associated with the Recipient.
3. The Confidential Information is provided by the Agents on the instructions of the Vendor and has been prepared from information supplied by the Vendor, their accountants and/or Business Advisers. The Recipient acknowledges that this Confidential Information is further provided on the basis that the contents are accurate and correct.
However, the Agents disclaim any express or implied warranty in relations to the accuracy and correctness of the Confidential Information. Acceptance of the Confidential Information constitutes acceptance of this disclaimer, which the Recipient acknowledges.
It is the responsibility of the Recipient to verify and confirm the contents of the Confidential Information, and the recipients agree not to hold Agents responsible for its accuracy, liability, or loss suffered by us in relation to the Confidential Information.
