Confidentiality Agreement (this “Agreement”)
HEREINAFTER COLLECTIVELY AS “Property”
BE ADVISED, AS THE RECIPIENT OF THIS OFFERING, THE FOLLOWING IS HEREBY AGREED TO
The information provided by Marcus & Millichap to Recipient regarding the Property (the “Information”) is proprietary and strictly confidential. It is intended to be reviewed only by the undersigned potential purchaser (“Recipient”) and its internal advisors or analysts and it should not be made available to any other person or entity without the written consent of Marcus & Millichap. By taking possession of and reviewing the Information, the Recipient agrees to hold and treat all such information in the strictest confidence and for the purposes of evaluating the potential purchase of the Property only. The terms of this Agreement shall be in effect for a period of one (1) year after the date of execution by Recipient.
Confidentiality further extends to the Property’s tenants, managers, and leasing brokers, who, at no time during the Recipient’s review of these materials or thereafter, may be approached, contacted, or communicated with by Recipient or its agents without the expressed consent of Marcus & Millichap. It is further agreed that Recipient will promptly destroy Information immediately if the Recipient no longer intends to offer to purchase the Property or has been notified that the Recipient has not been selected to purchase the Property.
The Information has been prepared to provide a summary and unverified financial and physical information to prospective purchasers and to establish only a preliminary level of interest in the subject property. The Information is not a substitute for a thorough due diligence investigation. Marcus & Millichap has not made any investigation and makes no warranty or representation with respect to the income or expenses for the subject property, the future projected financial performance of the Property, the size and square footage of the Property and improvements, the presence or absence of contaminating substances, PCBs or asbestos, the compliance with local, state and federal regulations, the physical condition of the improvements thereon, or the financial condition or business prospects of any tenant, or any tenant’s plans or intentions to continue its occupancy of the subject property. The Information has been obtained from sources believed to be reliable; however, Marcus & Millichap has not verified, and will not verify, any of the Information, nor has Marcus & Millichap conducted any investigation regarding these matters and makes no warranty or representation whatsoever regarding the accuracy or completeness of the Information. All potential buyers must take appropriate measures to verify all of the Information. Prospective buyers shall be responsible for their costs and expenses of investigating the subject property.
Any advisor or agent acting on behalf of an investor must request this confidentiality agreement with signature blocks from Marcus & Millichap for signature and approval. Furthermore, prior to the release of any material, any advisor or agent acting on behalf of Recipient must affirm that any and all compensation owed to them as advisor or agent is owed solely and completely by Recipient on whose behalf they are acting and so affirm in writing by Recipient. Marcus & Millichap reserves the right to deny access to any investor or agent. In the event that an agent or advisor has represented themselves as an investor, it is hereby understood that they may be subject to potential prosecution to the extent of the law.
ALL PROPERTY SHOWINGS ARE BY APPOINTMENT ONLY. DO NOT CONTACT TENANT OR PROPERTY MANAGEMENT FOR ANY REASONS. PLEASE CONTACT THE MARCUS & MILLICHAP AGENT FOR MORE DETAILS.
Property: Marbury Plaza
Agreed to and Accepted by: