Confidentiality Agreement - Asian fruit/vegetable/meat/seafood/grocery distributor based in Brisbane

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Can you give us the information below to help you find the most suitable business?
The Prospective Purchaser (“you”) of the (“Business”) and their advisors
AGREE with the Vendor and the LUX Business Group Pty Ltd. ACN 639 473
895 (“Broker”) that they WILL NOT without the Verbal agreement or prior
written consent of the Broker.
  1. visit the premises of the Business.
  2. contact or deal directly with the Vendor, staff, suppliers, customers, landlord,
    managing agent and/or any other person involved/associated with the
    Business.
  3. allow any person to inspect, view, take extracts or copy any part of the
    Information Memorandum or information contained in the Information
    Memorandum of other information disclosed to you (“Confidential
    Information”)
  4. disclose any Confidential Information to any other persons
  5. use the Business profile and Confidential Information obtained in any
    way, including in competition with the Vendor’s Business or to the detriment of
    the Vendor or Broker
  6. set up a similar business in opposition to the Vendor or a business that
    competes with the Business.
  7. use the Confidential Information or any part of it in any way, unless needing to
    comply with any applicable law or legally binding order.
You and your advisors ACKNOWLEDGE that:
  1. . You must destroy or return the Confidential Information to the Broker within a
    week of You giving notice to the Broker that you have decided not to purchase
    the Business.
  2. You must hold the Confidence Information in strict confidence to protect its
    confidential nature and secrecy.
  3. If You buy the Business, You will do so through the Broker.
  4. you are bound by this Agreement and its terms.
  5. The Vendor and the Broker have the right to issue the Confidential
    Information to any other person at their discretion.
  6. The Broker and its brokers are not investors or financial advisors. The
    Confidential Information has been compiled from material, information and unaudited financial records properly obtained by the Broker from the Vendor or
    the Vendor’s accountants or advisers. The Broker and its brokers take no
    responsibility for the accuracy of the Confidential Information.
  7. The business profile and material and all things connected and related to this
    material are confidential and you agree not to disclose them to any other
    person except your legal, accounting, financial advisers and bankers but then
    only on the basis that they have to provide to the Broker their agreement, prior
    to receipt of the material, to keep this information confidential and if the
    Vendor’s prior written consent is first obtained to allow disclosure of this
    material to that party.
  8. That the business profile and its information are to be used and accepted as a
    guide only. All information contained in it is your responsibility to verify and
    confirm, and you agree not to hold the Broker and its brokers and authorised
    personnel responsible for its accuracy, liability, or loss suffered by you in
    relation to the information contained in the profile.
  9. You acknowledge that, as a result of perusing the business profile and
    material, and during the course of the inspection of the Business, You will
    become aware of information regarding the operation of the Business and in
    particular the marketing of the Business which is personal to the Vendor and
    which has real financial value to the Vendor.
  10. You acknowledge that, should such information become known to the
    Vendor’s competitors or other parties interested in setting up a similar
    business competing with the Vendor and the Business, or used by You in the
    operation of a similar business, these actions will cause financial loss to the
    Vendor and therefore the Vendor may seek compensation from you.
  11. You further understand that if you breach your obligations under this
    Agreement the Broker or Vendor may commence legal action against You to
    recover their respective loss or damages suffered.
  12. The terms and conditions of this Agreement shall continue to have full force
    and effect for any other request from You or information supplied to You
    regarding the Business and after the Business(es) is /ae sold.
  13. You agree to receive the Broker ‘s newsletter with all new listings (you can
    unsubscribe at any time).
You understand that LUX Business Group Pty Ltd, ACN 639 473 859. its agents
and/or its personnel are not Investment or Financial advisors. Its role in this
matter is to simply relay information, on the below-mentioned business(es) as
provided by the Vendors, in its capacity as a representative of the Vendor.
Furthermore, You acknowledge that You agree to the above conditions at the
time You submit this Confidentiality Agreement Form below.

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