premise: Confidentiality and Non-Disclosure Agreement
  _________________________________________________________________________________________________ _____________________________________________________________________________________ ("Prospect") and __________________________________________________________________________ ("Prospect’s Broker”) and _____________________________________________________________________________ (“Listing Broker”) agree to the following terms regarding the real property or business opportunity (collectively “Property”) described as: ________________________________________________________________________________________________.
  1. Confidentiality. Prospect and Prospect’s Broker acknowledge that all information and materials provided by Listing Broker regarding the above-referenced Property is confidential and may not be used for any purpose other than evaluation. Prospect’s and Prospect’s Broker’s dissemination of any information and materials provided by Listing Broker will be limited to attorneys, accountants, banking representatives, and business advisors directly involved with the above-referenced Property. In the event the transaction is not successful, Prospect and Prospect’s Broker will immediately return to Listing Broker any information and materials provided by Listing Broker.
  2. Non-Disclosure. Listing Broker, Prospect, and Prospect’s Broker agree not to disclose to any other person the fact that any discussions or negotiations are taking place with regard to the Property, the actual or potential terms, conditions, or facts involved in any such discussions or negotiations.
  3. Non-Circumvention. Prospect and Prospect’s Broker agree not to contact the Property owner, landlord, tenants, employees, or customers except through Listing Broker. Prospect and Prospect’s Broker further agree not to circumvent or interfere with Listing Broker’s contract with owner/landlord in any way.
  4. Verification of Data. No representation is made by Listing Broker as to the accuracy of the information and materials provided. Prospect and Prospect’s Broker agree to thoroughly review and independently verify the information and materials provided. Listing Broker advises Prospect and Prospect’s Broker to consult appropriate professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Property and the transaction contemplated.
  5. Disputes. This agreement will be construed in accordance with the laws of the State of Florida. The Listing Broker will be entitled to all remedies provided by law, including but not limited to injunctive relief and damages. In any litigation arising out of this agreement, the prevailing party will be entitled to recover from the non-prevailing party reasonable attorney’s fees, costs, and expenses.
  6. Term. This agreement will terminate ________________________ (if blank, then 1 year) after the conclusion of any discussions or negotiations regarding the above-referenced Property.
  ____________________________________________________
  Prospect Date
  ____________________________________________________
  Prospect’s Broker and Title or Authorized Agent and Title Date
  ____________________________________________________
  Listing Broker and Title or Authorized Agent and Title Date
  