Confidentiality Agreement

Confidentiality Agreement for Business Reference Number

Parties

Agent

Wilsons Brokers Pty Ltd
Licensee’s Licence Number 1075992
ACN 164 574 949
480 Hunter Street, Newcastle 2300

I may be interested in purchasing business reference number which are listed for sale with Wilsons Brokers Pty Ltd. In order to properly evaluate the viability of the Business it is necessary for me/us and my/our representatives to have access to certain records and information to make this evaluation/s. In consideration of Wilsons and/or the Vendor/s supplying me/us with information of the Business I/we agree as follows:

  1. Except as may be required by relevant law. I/we agree that I/we will maintain in strict confidence all records and information of the Business/es received by me/us from the Business/es or the Vendor/s or from Wilsons Brokers during the course of negotiations and prior to me/us entering into a binding Contract for the purchase of the Business/es. I/we further agree that any records and information obtained by me/us from the Business/es or the vendor/s or from Wilsons will not be revealed to the competitors of the Business/es or otherwise disclosed to any third party, except my/our duly authorised representatives and then solely for the purpose of the said evaluation. I/we further agree to inform my/our professional advisors of the terms of this agreement and agree to be responsible for their actions should they betray the confidential nature of this agreement and the information provided.
  2. That in the event that I/we do not propose to proceed with the purchase of the Business, I/we shall promptly return, upon demand, to Wilsons Brokers, all records and information which were acquired for valuation purposes.
  3. I/we shall keep confidential all records and information acquired by me/us by virtue of this agreement and I/we will not discuss, use, disclose, reproduce or dispose of any records and information except for the use of my/our professional advisors.
  4. I/we agree not to take commercial advantage or otherwise benefit from the systems, procedures, intellectual property and information supplied to me/us in respect of the above information, other than that which might normally be available in the public domain.
  5. I/We will indemnify and keep indemnified Wilsons Brokers and the Business, its employees, agents, officers and shareholders (where applicable) and the Vendor its employees, agents, officers and shareholders (where applicable) from all loss or damage resulting from a breach of this agreement by me/us or my/our professional advisors including the disclosure of any records and information of the Business.
  6. I/we agree not to make direct or indirect contact under any circumstances with the vendor/s or any member of the vendor's staff without Wilsons Broker’s written consent.
  7. I/we agree not to enter into any agreement to purchase the business or any portion of it or them except through Wilsons Brokers.
  8. For the purposes of this Agreement:
    1. Any reference to the Business includes the employees or agents of the Business:
    2. Any reference to the Vendor includes the employees or agents of the Vendor:
    3. Any reference to Wilsons Brokers includes the employees or agents of Wilsons Brokers: and,
    4. "records and information" includes all books, accounts, financial records, knowledge, data, information and know-how.
  9. Unless I/we otherwise direct (as endorsed) I/we consent to the relative vendor/s being made aware of my/our enquiry and interest.

Note: Before we can release information regarding a business that is listed for sale, you need to read and digitally sign the confidentiality agreement by clicking the box below.

By clicking the box below, you acknowledge that you have read the confidentiality agreement and agree to be legally bound by it

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