RE; CONFIDENTIALITY AND BUYER REQUEST FOR INFORMATION AGREEMENT.
The following Prospective Buyer, his/her/its, subsidiaries, affiliates, agents, hereinafter called “PROSPECTIVE BUYER”, hereby request information, "THE INFORMATION", on Golf Course Property (s) to be provided by GOLF WORLD ENTERPRISES, LLC ("GWE") as agent for the Seller. Prospective Buyer recognizes that the release of or failure to hold confidential the information could cause significant harm and damages to the Seller, and that Seller is willing to make disclosure only in reliance upon Prospective Buyer’s commitment to comply with the terms and conditions set forth herein.
Therefore, in consideration of Seller furnishing Prospective Buyer with the information, Prospective Buyer agrees as follows:
1. That, any and all information, presented by, GWE, as agent for Seller, will be kept confidential and shall not, without the prior written consent of Seller, be disclosed by Prospective Buyer, in any manner whatsoever, in whole or part, and shall not be used by Prospective Buyer other than in connection with the analysis related to the potential sale of Property (s), described herein. Prospective Buyer agrees to transmit the information only to their agents and employees who need to know the information for the purpose of evaluating the transaction described herein and who are informed of the confidential nature of the information.
2. Upon conclusion or termination of negotiations, Prospective Buyer shall continue to fulfill its obligations herein for a period of (3) years from the date of disclosure. Upon termination of negotiations , all confidential information, including forms of documentation, shall be returned to Seller or agent for seller, including any copies or derivatives of documentation.
3. Except as required by law, Prospective Buyer shall not make any disclosure of their involvement in the potential purchase described herein, including but not limited to, seller's employees , members, customers, suppliers, contractors, without Seller’s consent.
4.The term “the Information” does not include information that (a) becomes generally available to the public other than as a result of a disclosure by Prospective Buyer or (b) has been developed by Prospective Buyer independently of any disclosure from Seller, (c) entered the public domain through sources independent of Prospective Buyer and through no fault of Prospective Buyer.
5. Owner shall be entitled to equitable relief, including injunction and specific performance, in the event of any breach of the provisions of this Agreement.
6. No failure or delay by Owner in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder.
7. The information contains brief, selected information pertaining to the business and affairs of the Seller and the property, and has been prepared by GWE, primarily from information supplied by the Seller or the Seller's representatives. It does not purport to be all inclusive or to contain all the information which a prospective buyer may desire. Neither GWE nor the Seller makes any representation or warranty, express or implied, as to the adequacy, accuracy or completeness of the information, and no legal liability is assumed or to be implied with respect thereto.
OWNER/AGENT ___________________________________________Dated______________
PROPERTY___________________________________________________________________________________
Prospective Buyer's Signature,_________________________________ Dated______________
Print Signature______________________________________________
Title________________________________________________
Date________________________________________________
Address:_____________________________________________
City:________________________State____________________
Zip:_______________Phone:_______________Fax:________________
Print and Fax to; 1-877-520-1457