Confidentiality Agreement for Business Ref BOP00080, Broker Name
Between LINK and * (Interested Party) this must be an individual's name, NOT a company name
In consideration of LINK (being any or all of Link Business Franchising Ltd, Link Business Broking Ltd (Lic REA 2008), LINK Business Christchurch Ltd - (Lic REA 2008), Wellington Business Brokers Ltd - (Lic REA 2008), Bay Business Brokers Ltd (Lic REA 2008), East Central Properties Ltd (Lic REA 2008) NZ Business Consultants Limited (Lic REA 2008）and their respective business brokers) entering into discussions relating to the possible acquisition of the assets of any business presented to me by LINK and specifically Listing ID No BOP00080.
1. In consideration of LINK disclosing to me/us certain information about the business in Listing BOP00080; including but not limited to its identity and any details as to its operation, financial accounts, trade secrets, employees, customers and suppliers,(“the Confidential Information”), I/We hereby agree and covenant to LINK and the vendor of the Business (“the Vendor”):
a.not to disclose, distribute or permit to be communicated to any other person (except my/our accountant or legal advisor who I/we shall procure to covenant to abide by the terms of the Confidentiality Agreement) the Confidential Information, unless expressly authorised in writing by the Vendor or by LINK;
b.not to use or attempt to use the Confidential Information for any purpose other than the evaluation of the Business for the purpose of purchasing same or do any act, thing or omission involving the use of the Confidential Information which may injure or cause loss to LINK or the Vendor or which may affect the carrying on of the Business;
c.not to approach the Vendor or the vendor of any business disclosed to me by LINK, or the Business' employees, customers or suppliers without prior approval and arrangement with LINK and to refer all queries through LINK;
d.to immediately return to LINK the Confidential Information and not to retain any copies and to delete any electronic records including all emails and attachments relating to the Business, in the event that I/we decided not to conclude
2. I/we acknowledge and agree:
a.that LINK is the introducing agent, and that all offers and deposits for the Business, shares or interest in an entity which owns the Business, or any asset of the Business will be conducted through LINK.
b.if I/we breach the above clause and buy directly or indirectly the Business or any interest in the Business, then I/we will be jointly and/or severally liable to LINK for the loss incurred by LINK through such actions and agree that such loss as pre-liquidated damages would equal the Commission Link would be entitled to from the Vendor.
c.I/we breach clause 2 of this agreement, I/we undertake to indemnify LINK against any actions, proceedings, costs, claims, demands or liabilities which it may suffer in consequence of that breach
Acceptance by Electronic Mail: Execution of this Agreement and transmission between the parties by electronic signature and email response each to the other or their representative will constitute offer and acceptance and satisfy the requirements of Section 5 of the Electronic Transactions Act 2002.
I/we have been advised that before signing this Confidentiality Agreement, it is recommended that I/we seek/s legal advice.