Please read the information below and signify your acceptance of this Confidentiality Agreement by submitting the information requested below.
This agreement is made between the Prospective Investor and Hospitality Sales Group, LLC representing the Seller of the above property for sale (hereinafter called “Owner”) regarding release of confidential information regarding the Business and Real Estate (hereinafter referred to as the “Property”). This information is to be disclosed immediately following execution of this agreement and is intended solely for the limited use by the Potential Investor in considering whether to pursue an offer to purchase the Property. It is understood by the Potential Investor that the information provided will contain abbreviated and select information pertaining to the business and affairs of the Property, but is not presented as or intended to be all-inclusive Information regarding the Property. In order to determinate the suitability of the property for purchase, the Potential Investor is responsible for independent due diligence and evaluation of the property and financial performance thereof. Neither Owner or Broker or any of their respective officers, employees or agents make any representation or warranty, expressed or implied, as to the accuracy or completeness of the Information and no liability of any kind whatsoever is assumed by Owner or Broker with respect thereto.
The Potential Investor agrees to treat and safeguard all information furnished regarding the Property as confidential whether supplied prior or subsequent to the execution of this agreement. This includes, but is not limited to analyses, compilations, studies or other documents or records prepared by the Potential Investor and its directors, officers, employees, advisors or representatives and financing sources (hereinafter referred to as “Representatives”), to the extent that such analyses, compilations, studies, documents or records contain or otherwise reflect or are generated from such information (collectively, referred to as the “Material”).
The Potential Investor agrees that its Representatives will not duplicate, photocopy or otherwise reproduce the Information in whole or in part or otherwise use or permit it to be used in any fashion or manner detrimental to the Property or the interest of the Owner.
The Potential Investor agrees the Material, whether supplied by the Broker or Seller, or an analysis, study, compilation, document or record prepared by the Investor’s Representatives, will be used solely for the purpose of evaluating the Property for acquisition and that such Material shall be kept confidential by the Potential Investor. Should disclosure of any part of the Material to Representatives be required on a need-to-know basis, for the purpose described above, it is understood that the Potential Investor shall (a) inform each such representative of the confidentially of the Information; and (b) maintain a list of those persons to whom such Information has been disclosed. This list shall be presented to Owner or Broker upon request.
The Potential Investor agrees to indemnify Owner from any loss or damage, which Owner may suffer as a result of their breach of the terms and condition of this Agreement. In the event of a breach or threatened breach of this Agreement, Owner shall be entitled to all remedies at law and equity, including injunctive relief and if Owner prevails in an action against the Potential Investor, Potential Investor shall be responsible for all reasonable attorney’s fees and costs incurred by Owner in the prosecution of such action.
The Owner does not warrant or represent that the Information and or Materials provided true or correct. In addition, the Materials shall not be deemed to represent the current status, operation or financial performance of the Property or give any indication that here has been no change in the business or affairs of the Property subsequent to the date of preparation of said Information or Materials.
The Potential Investor is advised to verify all information independently and conduct thorough due diligence in evaluating the suitability of the Property for purchase. The Information is not to be construed as an offer, and expression of intent, an obligation, or as part of any contract or commitment, to sell the Property. Owner reserves the right to make modifications to, amend, delete, or supplement the Information or to withdraw the Property from consideration at any time, without notice.
The Potential Investor represents and warrants that it has not had any discussion or dealings regarding the Property with any other broker, finder or agent other than Owner’s Broker and hereby agrees that the obligation to pay any such brokerage commission, except for the compensation due to Owner’s Broker is an obligation of the Potential Investor and agrees that it shall not look to Owner for the payment of any such brokerage commission.
Owner expressly reserves the right at Owner’s sole, singular, exclusive and arbitrary discretion to reject any or all proposals or expressions of interest in the property by the Potential Investor and to terminate discussions in connection therewith at any time without notice.
Upon request, the Potential Investor agrees to return all Information to the Owner or Broker.
The Potential Investor agrees not to share this site/hotel information another person or entity, without the express written consent of Hospitality Sales Group, LLC.
Please acknowledge your consent and agreement to the forgoing by completing the electronic form below. Completion of this form with your personal information will constitute your electronic signature and agreement with all of the terms and conditions stated above. |