Potential Purchaser as a principal/employee/officer and/or direct authorized agent hereby acknowledges that the identity of Sellers and confidential information of Sellers and their businesses, including but not limited to, records, studies, and trade practices, trade secrets, and employee information will be disclosed to me by National Business Brokers, Ltd. These disclosures will be given in SECRECY AND CONFIDENCE and used for the sole purpose of assessing the prospective purchase of a business through National Business Brokers, Ltd.THE SELLER IS HEREBY DESIGNATED AS A THIRD PARTY BENEFICIARY TO THIS AGREEMENT.
I agree not to disclose any of the confidential information given in connection herewith, either directly or indirectly, to third parties except such limited third parties as are necessary to assess the prospective purchase of a business or to complete the same; provided that I shall ensure that all such third parties preserve all confidential information shared with them. I also agree not to use, or permit or assist others to use, directly or indirectly, any such information to the detriment of the business, and I agree not to circumvent National Business Brokers, Ltd., in any transaction. Further, I agree not to contact the Seller, his employees, suppliers and/or customers of the business directly, and to channel all correspondence, negotiations, inquiries, investigation, and purchase offers, if any, directly through National Business Brokers, Ltd., unless specifically authorized in writing to negotiate directly with the Sellers.
I acknowledge that any breach of this Non-Disclosure Agreement, directly or indirectly, shall be deemed irreparably harmful to National Business Brokers, Ltd., and Seller, and that all remedies at law or equity will be available to National Business Brokers, Ltd., and/or Seller for any such breach or threatened breach. I agree that this Non-Disclosure Agreement will be governed by the laws of the State of Colorado. In the event National Business Brokers, Ltd., and/or Seller must commence legal action to enforce the provisions of this agreement, I agree to pay all fees, expenses, and interest, at the maximum allowable by Colorado Law, including reasonable attorney fees, which National Business Brokers, Ltd., and/or Seller may incur. Any actions commenced to enforce or interpret this Agreement shall be brought in the District Court for the City and County of Denver, State of Colorado.
It is understood that this Agreement applies to any information supplied by National Business Brokers, Ltd., verbally or in writing whether supplied prior to or after the date hereof.
This also acknowledges that the undersigned buyer(s) have been advised that National Business Brokers, Ltd., is acting as a Transaction Broker.