If not, please indicate your acceptance with the terms and conditions of the Confidentiality Agreement by completing this form.
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The agreement shall pertain to certain information whether furnished before – or a er the date hereof, regardless of the manner in which it is furnished (the “Offering Information”) regarding the purchase of the property known as:
The Offering Information contains selected information pertaining to the Property and has been prepared by REATA Real Estate Services, agent of the Owner (the “Broker”) and the Owner. The Offering Information does not, however, purport to be all-inclusive or contain all of the due diligence information which a prospective purchaser may require to make an acquisition decision. Neither the Owner nor the Broker, or any of their officers, employees, or agents makes any representation or warranty expressed or implied, as to the accuracy or completeness of the Offering Information, and no legal liability is assumed to be implied with respect thereto.
By executing this Agreement, Potential Purchaser requests the delivery of the Offering Information and agrees that the Offering Information and its contents are confidential, that it will hold and treat the Offering Information in the strictest of confidence, that it will not directly or indirectly disclose, or permit anyone else to disclose, the Offering Information or its contents to any other person, rm, or entity, without prior written authorization of the Owner and Broker, and that it will not use or permit to be used the Offering Information (i) for any purpose other than to evaluate the Property for purchase, or (ii) in any fashion or manner detrimental to the interest of the Owner or Broker. Photocopying or other methods of duplication of the Offering Information is strictly prohibited.
By executing this Agreement, Potential Purchaser acknowledges and agrees to the following with regard to the Property: (1) the unauthorized disclosure of the Offering Information may cause the Owner or the Broker irreparable harm for which money damages may not be an adequate remedy, and without prejudice to the rights and remedies otherwise available to the Owner or Broker, Owner or the Broker shall be entitled to equitable relief (in addition to any monetary damages) by way of injunction if the Potential Purchaser or any of their representatives breach or threaten to breach any of the provisions of this Agreement; and (2) Potential Purchaser shall INDEMNIFY, DEFEND and HOLD HARMLESS the Owner or Broker for any loss, cost or damages incurred by the Owner and the Broker for any breach of this Agreement by Potential Purchaser or its representatives (including reasonable attorneys’ fees).
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to principles or rules of conflict of laws to the extent such principles or rules would require or permit the application of the laws of another jurisdiction. Exclusive venue for all legal proceedings brought by either party for the enforcement of this Agreement or the interpretation or construction of the terms and provisions hereof shall be brought in a court of competent jurisdiction in Bexar County, TX.
In the event one or more of the provisions in this Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid, void or unenforceable in any respect, such holding shall not affect any other provisions of this Agreement.
This Agreement may be executed in two or more counterparts, and contains the entire agreement between Potential Purchaser, the Owner and Broker concerning the Offering Information. No modification of this Agreement or waiver of the terms and conditions hereof shall be binding upon Potential Purchaser, the Owner or the Broker, unless approved in writing by the Owner. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and their respective affiliates, successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.