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Confidentiality Agreement
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CONFIDENTIALITY, NON-DISCLOSURE & Non- Circumvent AGREEMENT
Fidelity National Realty, LLC. takes pride in following fair and ethical standards with our clients as defined in the real estate industry's Code of Ethics. In order to serve you better, we request that you complete and submit the following registration and agreement. Thank you for your cooperation in advance. This Agreement (the “Agreement”) made and entered on this _____ day of _________, ______ between Fidelity National Realty, LLC; a licensed Florida real estate brokerage (the “Disclosing Party”/the “Broker”) and the other party, ___________________________________________________________ (the “Recipient”/the “Buyer”), and jointly referred to here as “the Parties.” The recipients understand and agree that any information with respect to any property furnished to the Recipient/Buyer is highly sensitive and strictly confidential, and shall be maintained by the recipient with the utmost confidence. The Recipient/Buyer understands that all such information is being furnished solely in property as a Principal/Agent/Broker and that the Broker/Agent and every Principal must sign this agreement. Genuine Business Interest: Buyer is genuinely interested in pursuing and possibly purchasing a potential business arrangement proposed for discussion with the Seller and or Seller’s agent. Confidentiality: The term “The Confidential Information” means and includes but is not limited to, the following: (a) ANY AND ALL INVESTORS, INVESTMENT GROUPS, SYNDICATES, CLUBS, BANKS AND OTHER REAL ESTATE BUYERS (“THE THIRD PARTIES”) INTRODUCED OR DISCLOSED TO Recipient;(b) appraisals, title reports, financial statements, plat maps, resumes, programs, program plans and strategies, copyrightable materials and designs; financial performance and projections;(c) proprietary information received or developed under agreements, contracts, or other arrangements between Disclosing Party and third parties; such third party may permit Disclosing Party to disclose this proprietary information to the Recipient, subject to the same provisions as Disclosing Party’s own proprietary information; (d) materials describing trade secrets or company private information including, but not limited to, financial funding sources, customer lists and information; technical information including, but not limited to, program formats, program concepts, (e) such other information as Disclosing Party may deem or designate as Confidential Information; and (f) the terms of this Agreement. Nondisclosure: Recipient/Buyer acknowledges and agrees that said information is in all respects of a confidential nature and that any disclosure of the same or use of the same by the Recipient/Buyer except for the express purpose stated can and will involve harm or damages to the Disclosing Party, its owners and / or proprietors. Recipient, including all employees, officers, associates, attorneys, directors, stockholders, its agents, third party consultants and other sources in connection or intending to be legally bound, shall not consult with the Third Parties disclosed by Disclosing Party in any way or form during the subsistence or after termination of this Agreement or at any time without Disclosing Party’s prior written consent. Recipient/Buyer shall not engage in a business relationship directly or indirectly, or represent or consult with the Third Parties in any way or form for the purpose of providing service or securing services substantially similar to the services provided by Disclosing Party without Disclosing Party’s written consent and authorization. Recipient’s duty is to protect and NOT CIRCUMVENT Fidelity National Realty, LLC. Disclosing Party / Disclosing Party’s information under this Agreement for pecuniary advantage or otherwise. Recipient shall use the Confidential Information only for the purpose of communicating and aiding the acquisition of real estate projects. If the Recipient wishes to obtain more information concerning the subject property, the request will be made solely through Fidelity National Realty, LLC. Discretion: Buyer agrees not to contact the Property or Business owner, employees, suppliers, or customers except through Fidelity National Realty, LLC. Buyer further agrees not to circumvent or interfere in any way. If the Undersigned wishes to make an offer on a property introduced by Fidelity National Realty, LLC. to purchase/lease or a Letter of Intent to purchase/lease a property or any portion thereof, the offer will be made only through Fidelity National Realty, LLC. Warranty: Fidelity National Realty, LLC and its Brokers do not guarantee, warrant, either expressed or implied, any information and/or figures supplied by the Seller. Buyer should rely on his own verification of this information as a part of his or her own due diligence. Cost of Enforcement: In the event either party commences a judicial action to enforce the provision of this Agreement, the prevailing party in such action shall be entitled to recover, in addition to such other amounts as may be permitted by law, call costs and expenses incurred by it in the prosecution of defense of such action, including reasonable attorneys’ fees. Binding Effect: This agreement shall be governed and construed in accordance with the laws of the State of Florida and shall survive the closing of any Agreement between Buyer and Seller for a period of one year from the date of said closing. The word “Closing” shall include notification of non-interest on the part of Buyer as well any successful transaction between Buyer and Seller. Reproduction Prohibited: No copies shall be made or retained of any written information supplied to Buyer by Fidelity National Realty, LLC or by the Seller. At the conclusion of any discussion, negotiation or upon demand by Seller, all information including written notes, photographs, or notes taken by Buyer shall be returned to Fidelity National Realty, LLC. Any information shall not be disclosed to any employee, consultant and any third party unless they agree to execute and be bound by this agreement. An electronic transmission of a signature to this agreement shall be legal and binding on the Undersigned.
I have not made any changes to the agreement above I understand that information provided will be used to fill out the form and by signing below I agree to the above agreement. Please note your ipaddress is recorded automatically.
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