Business Information you are inquring about: *

First & Last Name *

Phone Number *

E-mail Address *

Do You Hold California Real Estate License? *

Yes

Are you planning to use your own Real Estate Agent? *

Yes

Manisha Patel, The Kish Group Inc.

Name of your Real Estate Agent *

How much do you have available to invest in this Business? *

How do you plan to finance this purchase? *

Buyer First and Last Name *

Buyer E-mail Address *

Buyer Address *

Buyer Phone Number *

Paragraph Text

BUYERS ACKNOWLEDGEMENT OF INTRODUCTION AND CONFIDENTIALITY AGREEMENT TO THE KISH GROUP REALTY.
Our agreement with the Seller requires that we obtain a Non-Disclosure, Confidentiality Agreement and an evidence of financial ability before disclosing the name and location of their business. This information will be kept confidential.

Such information shall be provided to the Buyer for the sole purpose of entering into discussions with Seller (“Seller”) of said Business for the possible purchase by the Buyer of all or part of the stock or assets of the Business.  As used herein, the term Buyer (“Buyer”) applies to the under-signed Buyer and any partnership, corporation, individual, or other entity with which the Buyer is affiliated. The Buyer agrees as follows: 
1. NON-DISCLOSURE OF INFORMATION: The Buyer acknowledges that Seller desires to maintain the confidentiality of the information disclosed. The Buyer agrees with Broker not to disclose or permit access to any Confidential Information without the prior written consent of Seller, to anyone other than Buyer’s employees, legal counsel, accountants, lenders or other agents or advisors to whom the disclosure or access is necessary for Buyer to evaluate the Business. Disclosure of Confidential Information shall be made to these parties only in connection with the potential acquisition of the Business, and then only if these parties understand and agree to maintain the confidentiality of such Confidential Information. The Buyer shall be responsible for any breach of this Agreement by these parties, and neither Buyer nor these parties shall use or permit the use of Confidential Information in any manner whatsoever except as what may be requires for Buyer to evaluate the Business or as may be required by legal process. If the Buyer does not purchase the Business, Buyer, at the close of negotiations, will destroy or return to Broker (at Broker’s option) all information provided to Buyer and will not retain any copy, reproduction, or record thereof.

2. DEFINITION OF “CONFIDENTIAL INFORMATION”: The term “Confidential Information” shall mean all information including the fact that the Business is for sale, all financial, production, marketing and pricing information, business methods, business manuals, manufacturing procedures, correspondence, processes, data, contracts, customer lists, employee lists, and any other information whether written, oral, or otherwise made known to Buyer: (a) from an inspection, examination, or other review of the books, records, assets, liabilities, processes, or production methods of Seller, (b) from communications with Seller or its directors, officers, employees, agents, suppliers, customers or representatives: (c) during visits to Seller’s premises, or (d) through disclosures or discovery in any other manner. However, Confidential Information does not include any information, which is readily available and known to the public.

3. DISCLAIMER OF BROKER’S LIABLILITY AND BUYER’S RESPONSIBILITY: When business brokers take a business to the market they receive information about the business from the seller, usually including but not limited to tax returns, financial statements, equipment lists and facilities leases.  Based on information provided by the seller, brokers often prepare a summary description of the business, which may include a cash flow projection, an adjusted income statement, or a seller discretionary cash flow statement. Buyer understands that the Broker does not audit or verify any information given to Broker or make any warranty or representation as to its accuracy or completeness, nor in any way guarantee future business performance. Buyer is solely responsible to examine and investigate the business, its assets, liabilities, financial statements, tax returns, and any other facts, which might influence Buyer’s decision to purchase, or the price the Buyer is willing to pay. Any decision by Buyer to purchase the Business shall be based solely on Buyer’s own investigation and that of Buyer’s legal tax and other advisors. Broker urges Buyer to obtain independent legal tax counsel.

4. NON-CIRCUMVENTION AGREEMENT: The Seller has entered into an agreement providing that Seller shall pay a fee to listing Broker if during the term of that agreement or up to twenty-four months thereafter, the Business is transferred to a buyer introduced by listing Broker or a cooperative broker. Buyer shall conduct all inquiries into and discussions about the Business solely through Broker and shall not directly contact the Seller or the Seller’s representatives. Should Buyer purchase all or part of the stock or assets of Business, acquire any interest in, or become affiliated in any capacity with Business without Broker’s participation, or in any way interfere with Broker’s right to a fee, Buyer shall be liable to listing broker or cooperating broker for such a fee and any other damages including reasonable attorney’s fees and costs.

5. FURTHER TERMS: Neither Buyer nor Buyer’s agents will contact Seller’s employees, customers, landlords, or suppliers without Seller’s consent. For three years, Buyer shall not directly or indirectly solicit for employment any employees of Seller. Broker may act as a dual agent representing both Buyer and Seller. Seller is specifically intended to be beneficiary of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. Seller may assign this Agreement to any new ownership of Business. This Agreement can only be modified in writing, signed by both Broker and Buyer.  Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. This Agreement shall be construed under and governed by the laws of the State of California. If Buyer is a corporation, partnership, or other such entity, the Buyer executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so.

Buyer acknowledges receipt of a fully completed copy of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Non-Disclosure Agreement as of the date stated on this agreement.

Buyer Signature *

Date *