Property: Drew Foam – Portland, TN
The undersigned Principal has requested information (“Confidential Information”) concerning the Drew Foam Property in Portland, TN (the “Property”). On behalf of the owner of the Property (“Owner”), Stan Johnson Company (“Agent”) may make such Confidential Information available to the undersigned upon execution of this Confidentiality Agreement. Information shall not be deemed Confidential Information if: (a) it is already known to the undersigned prior to disclosure of the same by Owner or Agent; (b) it is or becomes publicly available through no wrongful act or breach of this agreement by the undersigned; (c) it is or becomes available to the undersigned from a source that is not known to be prohibited from disclosing such information; (d) it is independently developed by the undersigned without use of or reference to Confidential Information; or (e) it is necessary in the defense of any claim or litigation arising hereunder. The Confidential Information is intended solely for the undersigned’s own limited use in considering whether to pursue negotiations to acquire the Property. This is neither an agreement to sell the Property nor an offer of sale of the Property. No agreement binding upon the Owner, or any of its associated or affiliated companies, shall be deemed to exist, at law or equity, until the Owner of the Property enters into a formal binding agreement of sale.
The Confidential Information contains brief, selected information pertaining to the business and affairs of the Owner and the operations of the Property, and has been prepared by Agent, primarily from information supplied by the Owner or the Owner's agent. It does not purport to be all-inclusive or to contain all the information which a prospective purchaser may desire. Neither Agent, nor the Owner make any representation or warranty, expressed or implied, as to the accuracy or completeness of the Confidential Information and no legal liability is assumed or to be implied with respect thereto.
By executing this Confidentiality Agreement Principal agrees, represents, warrants and acknowledges that:
Owner expressly reserves the right in its sole discretion to reject any or all proposals or expressions of interest in the Property and to terminate discussions with any party at any time with or without notice. This Confidentiality Agreement shall (i) expire after one year from the date of acceptance set forth below and (ii) be governed by and construed in accordance with the laws of the State of New York, without regard to principles of choice of law or conflicts of law. If you do not wish to pursue acquisition negotiations you hereby agree to immediately return the Confidential Information to Agent.
TO EXECUTE THIS NDA, CLICK THE LINK BELOW.
Associate Vice President
Associate Vice President
TN Lic. #351553