Confidentiality Agreement with regard to all Information provided on Businesses available for Sale provided by QTHB.
I hereby declare to you that in general principal, we have a genuine interest in businesses available for sale, we now request that, in your capacity as a broker and adviser to the Vendor, you supply us with a copy of any Information Memorandums (‘the Memorandum”) dated describing the Vendor’s property. We undertake that the Memorandums will be used for no purpose other than to assist in determining whether we wish to purchase a business.
We agree that the Memorandums and any other material made available to us by Queensland Tourism and Hospitality Brokers (QTHB) or the Vendor or its Solicitors or obtained in meeting with any of those parties will remain strictly confidential.
To maintain the confidentiality of the material and in return for the material being made available to us we agree:
(a) that the material will be distributed on a “need to know basis” only to Senior Executive or Directors of our company, and that such Executives and Directors will be bound to the terms of this letter;
(b) that any copies of the material will be for the purpose of internal corporate communications only and that a system will be instituted to facilitate the recovery of any such copies; and
(c) to undertake to return all material (and any copies taken) to Queensland Tourism and Hospitality Brokers.
This shall not apply to information that:
(a) is at the time of provision or disclosure to the company, or subsequently (through no fault of the company) becomes in the public domain;
(b) was already known to the company before the date thereof;
(c) is subsequently provided or disclosed to the company by a third person who has the right to disclose it; or
(d) is disclosed by the company pursuant to any law or order of any court, or any governmental agency or other regulatory body with whose instructions the company is bound to comply.
Although we understand that Queensland Tourism and Hospitality Brokers and the Vendor and its Solicitors believe that the material to be provided is accurate to the best of their knowledge, we acknowledge that no representation or warranty has been made as to the accuracy or completeness of the material. We agree that neither Queensland Tourism and Hospitality Brokers nor the Vendor or its Solicitors has any liability to us or to any of our representatives arising from the selection or use of the material by us or our associates.