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Non-Disclosure Agreement

In connection with the possible acquisition of a business, The Commonwealth Company, Inc. – Business Acquisitions (“Broker”) will furnish to you (the “Undersigned”) information regarding businesses, including but not limited to the financial condition, operations, and prospects for such businesses.  In consideration of Broker providing the Undersigned information on the businesses it finds for the Undersigned or offers for sale, the Undersigned as prospective Purchaser(s) understand and agree:
A.That I/we have not signed an Exclusive Agency Agreement with another broker or agent.  I/we further warrant that no other broker or agent shall be involved in a transaction of any business that The Commonwealth Company, Inc. – Business Acquisitions reveals or provides information about.
B.That any information provided on any business to me/us by the Broker may be sensitive and confidential and that its disclosure to others may be damaging to the described business and its owners.
C.Not to disclose any information regarding any business listed with Broker or that Broker finds for Purchaser to any person(s) without the Broker’s express written permission.  Information shall include the fact that the business is for sale plus any other data provided.
D.Not to contact the seller, employees, suppliers or customers except through Broker.  All correspondence, inquiries, offers to purchase and negotiations relating to the purchase, lease, or trade of any business or real property presented to me will be conducted exclusively through Broker and Broker will make arrangements for all meetings between seller and the Undersigned.
E.That all information is provided by the seller, or other seller-supplied sources and is not verified by Broker in any way.  Broker is relying on seller or other seller-supplied sources for the accuracy of said information and has no knowledge of the accuracy of said information and makes no warranty, express or implied as to the accuracy of such information.  Therefore, prior to entering into an agreement to purchase any business that Broker finds for Buyer or is listed by Broker, I/we agree to indemnify and hold Broker harmless from any and all claims or damages resulting therefrom.  I/we will look only to the Seller and to the Undersigned’s own investigation.
F.Not to circumvent or interfere with Broker’s contract with the seller in any way.  If you are a real estate broker or salesman, you may not be able to participate in the commission of any proposed transaction.  Please discuss this with the agent prior to dissemination of any information.  Broker is authorized to disclose information to principals only.
G.In the event of the breach of this agreement by Purchaser, Purchaser shall pay to Broker and/or seller the actual amount of any damages, costs, and legal fees incurred by Broker and/or seller for legal consultation or representation arising therefrom in addition to any other relief, which Broker and/or seller may be entitled to obtain.
H.The agreements and representations contained herein shall survive the closing of sale and purchase of any business, business assets, or real property purchased by the undersigned.
This document must be signed and witnessed.
The Undersigned:
1st Prospective Purchaser: _________________________           Witness By: ______________________________
                  Sign here                                             Sign here
Print Name ______________________ Date ___________           Print Name _____________________  Date __________
Address _____________________________________                Address ____________________________________
Phone (    ) _____________ Cell (   )_______________                Phone (    ) _____________ Cell (   )_______________
Email ____________________________________              Email _____________________________________
2nd Prospective Purchaser: ______________________              Witness By: ________________________________
                   Sign here                                            Sign here
Print Name ____________________ Date ___________              Print Name _____________________ Date _________
Address ___________________________________                    Address ___________________________________
Phone (    ) _____________ Cell (   ) ____________                    Phone (    ) ____________ Cell (   ) ______________
Email ____________________________________              Email _____________________________________