The undersigned person or company has requested confidential information from IntegratedBizSales (IBS) about a specific company or companies which may be for sale by owner or seeking capital investment. The undersigned person or company acknowledges that they have available for business purchase or investment, the amount of funds listed and that they are financially able to make such purchase or investment. This confidentiality Agreement will confirm mutual understanding and allow for the receipt of Information.
"Information" means all oral or written data, reports, records or materials obtained from IBS or the Company, or their agents, employees and representatives, including the name, address, and type of business of the Company, and the knowledge that the Company may be considering a sale or the fact that Information has been provided.
The undersigned agrees that said Information is being furnished solely in connection with consideration of the acquisition of, or investment in, the Company and shall be treated as "secret" and "confidential", and that no portion of it shall be disclosed to others, except those whose knowledge of the Information is required to evaluate the Company and who shall assume the same obligations as under this Agreement. The undersigned hereby assumes full responsibility for the compliance of such employees or agents.
It is understood that the Company is the intended party and beneficiary whose rights are being protected and may enforce the terms of this Confidentiality Agreement as if it were a party to this Agreement.
In the event of a dispute, the venue shall be Sacramento, California or the location where the Company maintains its headquarters, at IBS discretion. The prevailing party shall be entitled to recovery of all reasonable costs including attorney's fees, court costs, costs on appeal, and interest from date of breach.
It is understood that no representation or warranties are being made as to the completeness or accuracy of any Information. The undersigned acknowledges the responsibility to perform any due diligence review at its own cost and expense. The respective obligations of the parties under this Agreement shall survive for a period of two years following the date hereof unless terminated earlier by either the Company or the undersigned.