Confidentiality  (Non Disclosure) Agreement –

To Profile Business Brokers Pty Ltd.

We confirm that we have a genuine and bona fide interest in assessing the advertised business opportunity (“the Business”).

We understand that the owners / vendors of the Business are prepared to furnish us from time to time in their discretion certain information which is confidential, proprietary, or otherwise not generally available to the general public to assist us in making an evaluation of the Business with regards to a possible acquisition of the Business.

As a condition to, and in consideration of the owners of the Business furnishing this information, we hereby, undertake in favour of the Business its owners and Profile Business Brokers Pty Ltd (“Profile”):

1. that the information will be kept confidential by us;
2. that the information will not be used by us in any way unless authorised by this agreement;
3. that the information will not be used other than in connection with making the purchase evaluation referred to above; and
4. that we recognize Profile Business Brokers Pty. Ltd., a company incorporated in Australia, as the duly authorised representative of the Business for all ensuing discussions and negotiations in relation to the purchase of the Business by us and/or our nominees.

 We may disclose the information to our financial and legal advisers but only if they agree to adhere to the conditions of this confidentiality agreement and reasonably need to know this information for purposes of evaluation, provided we first give you the names of those financial and legal advisers.  We also agree to return within 24 hours of a request by the Business all information including copies (whether or not held in electronic form) provided to us for the purposes of the purchase evaluation.

 This undertaking will not apply to any information: 

(a)         which becomes generally available to the public other than by a breach by us of this undertaking;

(b)         which is available to us from a third party which is not under any obligation of confidentiality to the owners of the Business; and

(c)          which is required by Australian law to be disclosed.

 This agreement is governed by the laws of the State of Victoria and Australia.

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