WHEREBY IT IS AGREED

The Vendor and the Broker are disclosing to the Prospective Purchase (or to Authorised advisor) confidential information including the identity of the business.

The Prospective Purchase and its advisors HEREBY AGREE with the Vendor and the Broker that they will not WITHOUT THE PRIOR WRITTEN CONSENT OF Benchmark Business Sales and Valuations;

• Contact or deal directly with the Vendor, Staff, Suppliers, customers landlord, managing agent and/or any other person involved/associated with the business.
• Visit the premises of the business.
• Disclose any confidential information to any other persons;
• Use the confidential information obtained in any way, including in competition with the vendor’s business or to the detriment of the vendor, or broker and will hold the information in strict confidence to protect its confidential nature and secrecy.
• Will not allow any person to inspect, view, take extracts, or copy any part of the confidential information;
• Will not use the confidential information or any part of it in any way, unless needing to comply with any applicable law or legally binding order;
• However, provided that information may be disclosed to employees, contractors accountants, directors, shareholders, bank or legal advisors or any employees, contractors, accountants, directors, shareholders, bank or legal advisors of any related body corporate as that term is defined in the Corporations Act 2001 (Cth)

ACKNOWLEDGEMENTS BY THE PROSPECTIVE PURCHASER
The Prospective Purchaser HEREBY ACKNOWLEDGES that:

• Upon request of the Broker they must destroy or return all such confidential information to the Broker within a reasonably time (if required) or if the Prospective Purchaser should decide not to purchase the business;
• They are bound by this agreement and its terms;
• If they buy the business they will do so through Benchmark Business Sales & Valuations

Benchmark Business Sales & Valuations state that;

The Confidential information has been compiled from material, information, and un-audited financial records properly obtained by the Broker from the Vendor or the Vendor’s accountants or advisers. Benchmark Business Sales & Valuations takes no responsibility for the accuracy of said information, furthermore Benchmark Business Sales & Valuations are not investors of financial advisors; The Vendor, it’s employees of any of his obligations under this agreement and in turn will have the ability to claim for damages if the above terms are not met;

The Broker has been solely instrumental in the introduction of the Business to the Prospective Purchaser and will suffer loss or damage if the Prospective Purchaser contacts or attempts to deal directly with the vendor, or another agent;

The Vendor and the Broker have the right to issue the Confidential information to any other person at their discretion;

The terms and conditions of this agreement shall continue to have full force and the effect for any other business request and after the businesses(es) is/are sold.

Notwithstanding any other clause, the parties agree that this agreement expires one year from the date of execution.