Confidentiality and Non-Disclosure Agreement

 

From:

John Ly

Managing Director

Kensington PG Pty Ltd

Known as: Kensington Property Group

 

This Confidentiality and Non-Disclosure Agreement is entered into as of the date of viewing by the Receiving Party in favour of the Developer (Owner) and confirms the terms and conditions pursuant to which the Owner is prepared to disclose details of the Investment Opportunity to the Receiving Party. In order to induce the Owner to disclose such details the Receiving Party warrants undertakes and agrees with the Owner as follows:

 

  1. This undertaking is binding on the Receiving Party and all of its associates and associated companies and associates (as defined in the corporations Law) and all the directors officers employees servants agents or professional advisors and representatives of such persons (together the ‘Relevant Persons’).

  2. For the purposes of reviewing the Investment Opportunity and to enable evaluation of the Investment Opportunity, the Receiving Party acknowledges that it may be furnished with or may otherwise receive or have access to information or material which relates to past , present or future data, marketing plans, financial statements, pro-formas, and so on, relating to the business affairs and operations of the Investment Opportunity (the ‘Confidential Information’). The Confidential Information may include sensitive details of commercial contracts that may exist between the owner or associates of the owner and third parties and the Receiving Party expressly agrees to not to approach those third parties during the period to which this agreement applies nor to use the Confidential Information subsequent to this agreement. The undertakings in this Clause extend to all information of whatever nature in whatever form relating to the Investment Opportunity obtained from any source including without limitation information received from the Owner and information obtained as a result of being allowed access to any premises where the Owner may be carrying on business but does not extend to information which at the time it is obtained is in the public domain.

  3. The Receiving Party shall treat all Confidential Information as being strictly private and confidential and shall take all steps necessary to prevent it from being disclosed or made public either directly or indirectly to any third party by any Relevant Person or coming by any means into the possession of any third party.

  4. The Receiving Party shall use the Confidential Information solely for the purpose as stated above and the Receiving Party shall not use any part of the Confidential Information for any other purpose whatsoever.

  5. The Receiving Party shall not use or disclose or permit the disclosure by any person of the Confidential Information for the benefit of any third party or in such a way as to procure that the Receiving Party may at any time obtain commercial advantage of the owner.

  6. Neither the Receiving Party nor any of the Relevant Persons shall take or cause to be taken any physical forms of the Confidential Information or by any means copy or part with possession of the whole or any part of the Confidential Information.

  7. The Confidential Information and its circulation shall be restricted to circulation and disclosure to individuals whose identity shall have been approved by the Owner prior to disclosure in writing.

  8. The Receiving Party shall keep all materials, records, reports, documents, memoranda and so on containing the Confidential information in a safe and secure place and return them to the Owner immediately on determination of discussions or closure of negotiations in relation to the Investment Opportunity or on the Owner’s prior request.

  9. No failure or delay by the Owner in exercising any right power or privilege available to the Owner under this agreement shall be deemed to be a waiver nor shall any single or partial exercise of any such right power or privilege preclude any further exercise or the exercise of any other right power or privilege.

  10. The Receiving Party undertakes to indemnify and keep the owner at all times fully indemnified from and against any loss or disclosure of Confidential Information and from all actions proceedings claims and demands costs (including without prejudice to the generality of this provision legal costs of the Owner on a solicitor and own client basis) awards and damages however arising directly or indirectly as a result of any breach or non-performance by the Receiving Party of any of the Receiving Party’s warranties, undertakings or obligations under this agreement.

 

We/I have carefully reviewed this contract and agree to accept its terms and conditions.

We/I are/am executing this agreement as of the moment by selecting to advance within the Kensington Property Group website and ‘clicking’ the box to receive the Investment Memorandum Profile

© 2018 Kensington Property Group