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For Sale | 2 Distinctive, Established Marinas and 1 Waterfront Development Land Opportunity
THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) dated as of 21st October 2020 between WATERFRONT INVESTMENT PROPERTIES, INC. (“Broker”), and (“Principal”), having an address at 107 RIVINGTON STREET, NEW YORK, NY 10002 (together with any owner, officer, director, employee, representative, agent, subsidiary, affiliate and/or investor, collectively, the “Receiving Party”).
NOW THEREFORE, Receiving Party has been furnished, shall be furnished or otherwise cause to be furnished, Confidential Information.
(b) Notwithstanding the foregoing, the Receiving Party may share the Confidential Information as follows: (i) if required, to any governmental agency which rates its securities or representative of any thereof, (ii) pursuant to court order or legal process, (iii) as otherwise required by law or regulation, (iv) to any of the officers, directors, employees, attorneys, accountants, agents, advisors or other representatives of the Receiving Party who require access to the Confidential Information to participate in the evaluation of the potential Transaction, or (v) to any potential bank syndicate member.
(c) The foregoing confidentiality obligations shall not apply to the extent that any such information is or becomes a matter of public record or is provided in other sources readily available to the public domain.
(d) Non-circumvention. Each party agrees that in receiving any and all confidential Information that it will not use that information to benefit themselves beyond the potential transaction stated in this agreement. Each party further agrees not to do business with any of the revealed contacts without written consent of both parties.
In the event any provision hereunder is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void and unenforceable part has been severed and deleted.
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