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a. |
Recipient understands that non-public, proprietary information provided by The Veld Group Companies (VMA & TVG, collectively “TVGC”) regarding the Opportunity is valuable, sensitive and confidential, and that disclosure of its name and/or any data pertaining to its current or historical financials or other details (the "Information") may damage it as well as TVGC’s mandate. |
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b. |
Recipient agrees to not disclose any Information with any person who has not also signed this agreement, except to the extent that disclosure (a) has been consented to in writing by the TVGC, (b) is required by law, regulation or other applicable judicial or governmental order, or (c) is made to those covered Representatives (defined below). Recipient shall be responsible for any disclosure of Information by its Representatives who have received the Information that would constitute a breach of the terms of this agreement. "Information" (defined below, including exceptions) shall include the fact that the Opportunity is for sale or any details thereof. |
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Recipient agrees that neither it nor anyone acting on its behalf will contact the Seller, its staff, suppliers, customers, landlord, or parties about the Purpose or the Information except through TVGC. All correspondence, inquiries, offers to purchase and negotiations relating to the Opportunity will be conducted via TVGC. For the avoidance of doubt, the foregoing provision shall not prohibit Recipient and its Representatives from contacting any disclosed companies, entities or persons in the ordinary course of business outside the scope of the Purpose and without use of Information. |
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Recipient understands that all Information pertaining to the Opportunity is provided by the Seller and is not verified in any way by TVGC. TVGC makes no warranty, express or implied, as to the accuracy of such Information. Prior to finalizing a definitive agreement to purchase an Opportunity, it is Recipient’s responsibility to make an independent verification of all pertinent facts. Recipient agrees to hold TVGC harmless from any claims or damages resulting from use of such Information or errors or omissions relating to such Information. Further, Recipient acknowledges and understands that TVGC does not provide tax, accounting, consulting, or legal advice. |
4. |
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Recipient acknowledges that TVGC represents and is solely contracted by Seller for its services and has a right to earn a fee from the Seller in accordance with its Seller Agreement. Recipient also acknowledges that a breach of this Agreement may result in recourse against it from Seller for non-punitive material damages. |
5. |
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This agreement shall be governed by the laws of Delaware, without regard to conflict of laws principles. |
6. |
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This agreement, and the obligations under it, shall remain in effect for two (2) years from the date hereof. |