CA Template — Everitt Group

CONFIDENTIALITY, NON-DISCLOSURE, NON CIRCUMVENTION AND BROKERAGE AGREEMENT (“Agreement”)

In connection with the possible acquisition of [subject address]; APN: [5555-555-555], ("Property") by the following entity and or assignees, affiliates, or associates, ("Prospective Buyer"), Investment Real Estate Associates ("Agent") will furnish to Prospective Buyer certain information, and Prospective Buyer agrees as follows:

Name:

First Name

Last Name

Position:

I am a:

Broker

Principal

Email Address:

1. All information regarding the Property furnished by Agent to Prospective Buyer will be deemed confidential. Prospective Buyer also understands that the Property is not exclusively listed for sale by Agent.

2. Unless otherwise agreed to in writing, or the acquisition is completed by Agent and Prospective Buyer, Prospective Buyer will not disclose or reveal any information provided by Agent to any persons or entities other than Prospective Buyer’s employees or representatives directly engaged in the analysis, investigation and/or negotiations with respect to the acquisition of the Property.

3. If Prospective Buyer determines that Prospective Buyer does not wish to pursue the Property, Prospective Buyer will promptly advise Agent of this fact and Prospective Buyer will deliver to Agent all the information furnished by Agent without retaining copies, summaries, analyses or extracts thereof.

4. The Prospective Buyer herein agrees that all negotiations for any real estate transaction regarding the Property will be negotiated and transacted only through Agent and will not circumvent Agent and/or initiate direct contact with the Property owner without the consent of Agent. The Prospective Buyer further agrees that this Agreement shall include any partner, partnership, joint venture, corporation, trust or other similar entity which that partner or entity represents, or in which said entity or individual partner, holds an ownership or beneficial interest.

5. In the event the Property is offered for sale by Property owner or any third party, Prospective Buyer agrees that Agent has directed Prospective Buyer to the Property and has presented Property at Prospective Buyer’s request. Prospective Buyer hereby recognizes Agent as PROCURING CAUSE of any subsequent purchase of Property between Prospective Buyer and Property owner as long as this Agreement is in full force and effect.

6. LIQUIDATED DAMAGES: By clicking "I Agree", Prospective Buyer agrees that it would be impractical or extremely difficult to fix actual damages in the event of a default by Prospective Buyer, that the amount of five percent (5%) of the purchase price is the reasonable estimate of Agent’s damages in the event of Prospective Buyer's default, and upon the Prospective Buyer's default of this Agreement, not cause by any breach by Agent, Agent shall have the right to collect five percent (5%) of the purchase price of the Property as liquidated damages, which shall be Agent’s sole and exclusive remedy in law or at equity for Prospective Buyer's default.

7. If any action is instituted regarding this Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees, costs and expenses.

This Agreement shall commence on today's date and shall remain in effect for 360 days. Prospective Buyer understands that this Agreement is in full force until a written cancellation is signed by both parties.

Electronic Signature:

Agreement and Electronic Records & Signature Notice

I hereby agree to the Agreement and represent that I am authorized to agree to the terms thereof and to act on behalf of the accepting party in the proposed transaction in the Agreement. It is agreed by the parties that, notwithstanding the use herein of the words "writing," "execution," "signed," "signature," or other words of similar import, the parties intend that the use of electronic signatures and the keeping of records in electronic form be granted the same legal effect, validity, and enforceability as a signature affixed by hand or the use of a paper-based record keeping system. This provision will be enforced to the extent and as provided for in any applicable law including the Electronic Signatures in Global and National Commerce Act, and any other similar state laws based on the Uniform Electronic Transactions Act.