| SoCal Business Broker |
| SoCal Business Broker |
The undersigned prospective purchaser (“Buyer”) hereby requests receipt of confidential information, currently and from this time forth, on one or more businesses
represented by SoCal Business Broker. Buyer hereby acknowledges that SoCal Business Broker will have been first to provide such information to Buyer. In
consideration of SoCal Business Broker’s providing such information, the Buyer hereby accepts, acknowledges and agrees:
1. Any and all information SoCal Business Broker provides about a business was provided to SoCal Business Broker by the business owner, and SoCal
Business Broker makes no representations or warrantees as to its accuracy or completeness. Buyer is solely responsible for investigating all aspects of the
business and obtaining any legal, tax or other advice Buyer deems necessary, prior to purchasing the business.
2. Any information Buyer is given about a business, including, especially, its availability for acquisition, shall be treated as strictly confidential and proprietary.
Buyer shall not directly or indirectly disclose, without SoCal Business Broker’s prior written consent, any such information to any third party except Buyer’s
representatives/affiliates engaged in evaluating the information, and shall obtain the agreement of such third parties to maintain such confidentiality. If Buyer
decides not to purchase the business, Buyer shall promptly notify SoCal Business Broker of this fact and shall promptly return all documentation, including, without
limitation, summaries, analyses or extracts. Any unauthorized disclosure shall constitute a material breach of Buyer’s duty to the Seller and SoCal Business
Broker , and could result in legal recourse against the Buyer. Buyer shall indemnify, defend and hold SoCal Business Broker harmless from and against any
liability resulting from such unauthorized disclosure.
3. The Seller of each business about which a Buyer shall be given information by SoCal Business Broker has entered into an agreement providing that Seller
shall pay a fee to SoCal Business Broker if, during the term of that agreement or within twenty-four (24) months thereafter, the business is directly or indirectly
transferred to a Buyer introduced by SoCal Business Broker. Should Buyer, a member of Buyer’s family, or anyone with whom Buyer is directly or indirectly
affiliated acquire any interest in, or become affiliated in any capacity with such a business, Buyer shall protect and indemnify SoCal Business Broker ’s right to a
fee from the Seller.
4. Buyer shall conduct all inquiries into any business about which SoCal Business Broker provides information and discussions with its owner(s) and/or
management solely through SoCal Business Broker and shall not directly or indirectly contact the owner, employees or other representatives of the business
except by prior written consent from SoCal Business Broker.
5. If Buyer breaches the terms of this Agreement or in any way interferes with SoCal Business Broker’s right to a fee, Buyer shall be liable for such fee and any
other damages, including reasonable attorney’s fees, SoCal Business Broker and litigation costs. All parties to the Agreement shall mediate any dispute or claim
between them arising out of this Agreement or any resulting relationship or transaction between such parties. The mediation shall be held prior to commencement
of any court action or arbitration. The mediation shall be confidential and held in accordance with all applicable sections of the California Evidence Code. In the
event the parties are unable to agree on a mediator within thirty (30) days of the first party seeking mediation, the presiding judge of the Superior Court of the
county in which venue would lie for the filing of a complaint for relief in such dispute shall have jurisdiction to appoint a mediator. In the event the mediator
determines that a second mediation is necessary or appropriate, it shall be conducted in accordance with this paragraph. Should any party commence arbitration
or a litigation before mediation, that party shall forfeit its right to claim attorney’s fees or litigation costs that might otherwise be available to it in arbitration or
litigation, and the party who is determined by the arbitrator or judge to have resisted mediation may be sanctioned by the arbitrator or judge. Mediation fees, if
any, shall be divided equally by the parties to the dispute.
6. Buyer understands and agrees that SoCal Business Broker may act as a dual agent representing both Seller and Buyer, as set forth in the Disclosure
Regarding Agency Relationship executed concurrently herewith.
7. This agreement contains the sole and entire agreement between the parties regarding its subject matter. The parties acknowledge and agree that neither of
them has made any representations or promises with respect to the terms and conditions of this agreement or any representations or promises inducing the
execution and delivery hereof, except such representations and promises which are expressly stated herein. Each party acknowledges its reliance on its own
judgment in entering into this agreement and having the opportunity to have the agreement reviewed by others, including legal counsel. The parties further
acknowledge that any statements or representations previously made by either of them to the other are void and of no effect and that neither of them has relied
thereon in connection with their dealings with the other. Any amendment or modification to this agreement shall be valid only if the parties have duly executed such
modification, in writing, and it has been signed by the party against whom enforcement may be sought. Further, no evidence of any modification, amendment or
waiver shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the
rights or obligations of any party hereunder, unless the same is in writing and has been duly executed by SoCal Business Broker's managing Broker.
8. Buyer Acknowledges receiving a duly executed copy of this Agreement.
9. The undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly Authorized to do so.
represented by SoCal Business Broker. Buyer hereby acknowledges that SoCal Business Broker will have been first to provide such information to Buyer. In
consideration of SoCal Business Broker’s providing such information, the Buyer hereby accepts, acknowledges and agrees:
1. Any and all information SoCal Business Broker provides about a business was provided to SoCal Business Broker by the business owner, and SoCal
Business Broker makes no representations or warrantees as to its accuracy or completeness. Buyer is solely responsible for investigating all aspects of the
business and obtaining any legal, tax or other advice Buyer deems necessary, prior to purchasing the business.
2. Any information Buyer is given about a business, including, especially, its availability for acquisition, shall be treated as strictly confidential and proprietary.
Buyer shall not directly or indirectly disclose, without SoCal Business Broker’s prior written consent, any such information to any third party except Buyer’s
representatives/affiliates engaged in evaluating the information, and shall obtain the agreement of such third parties to maintain such confidentiality. If Buyer
decides not to purchase the business, Buyer shall promptly notify SoCal Business Broker of this fact and shall promptly return all documentation, including, without
limitation, summaries, analyses or extracts. Any unauthorized disclosure shall constitute a material breach of Buyer’s duty to the Seller and SoCal Business
Broker , and could result in legal recourse against the Buyer. Buyer shall indemnify, defend and hold SoCal Business Broker harmless from and against any
liability resulting from such unauthorized disclosure.
3. The Seller of each business about which a Buyer shall be given information by SoCal Business Broker has entered into an agreement providing that Seller
shall pay a fee to SoCal Business Broker if, during the term of that agreement or within twenty-four (24) months thereafter, the business is directly or indirectly
transferred to a Buyer introduced by SoCal Business Broker. Should Buyer, a member of Buyer’s family, or anyone with whom Buyer is directly or indirectly
affiliated acquire any interest in, or become affiliated in any capacity with such a business, Buyer shall protect and indemnify SoCal Business Broker ’s right to a
fee from the Seller.
4. Buyer shall conduct all inquiries into any business about which SoCal Business Broker provides information and discussions with its owner(s) and/or
management solely through SoCal Business Broker and shall not directly or indirectly contact the owner, employees or other representatives of the business
except by prior written consent from SoCal Business Broker.
5. If Buyer breaches the terms of this Agreement or in any way interferes with SoCal Business Broker’s right to a fee, Buyer shall be liable for such fee and any
other damages, including reasonable attorney’s fees, SoCal Business Broker and litigation costs. All parties to the Agreement shall mediate any dispute or claim
between them arising out of this Agreement or any resulting relationship or transaction between such parties. The mediation shall be held prior to commencement
of any court action or arbitration. The mediation shall be confidential and held in accordance with all applicable sections of the California Evidence Code. In the
event the parties are unable to agree on a mediator within thirty (30) days of the first party seeking mediation, the presiding judge of the Superior Court of the
county in which venue would lie for the filing of a complaint for relief in such dispute shall have jurisdiction to appoint a mediator. In the event the mediator
determines that a second mediation is necessary or appropriate, it shall be conducted in accordance with this paragraph. Should any party commence arbitration
or a litigation before mediation, that party shall forfeit its right to claim attorney’s fees or litigation costs that might otherwise be available to it in arbitration or
litigation, and the party who is determined by the arbitrator or judge to have resisted mediation may be sanctioned by the arbitrator or judge. Mediation fees, if
any, shall be divided equally by the parties to the dispute.
6. Buyer understands and agrees that SoCal Business Broker may act as a dual agent representing both Seller and Buyer, as set forth in the Disclosure
Regarding Agency Relationship executed concurrently herewith.
7. This agreement contains the sole and entire agreement between the parties regarding its subject matter. The parties acknowledge and agree that neither of
them has made any representations or promises with respect to the terms and conditions of this agreement or any representations or promises inducing the
execution and delivery hereof, except such representations and promises which are expressly stated herein. Each party acknowledges its reliance on its own
judgment in entering into this agreement and having the opportunity to have the agreement reviewed by others, including legal counsel. The parties further
acknowledge that any statements or representations previously made by either of them to the other are void and of no effect and that neither of them has relied
thereon in connection with their dealings with the other. Any amendment or modification to this agreement shall be valid only if the parties have duly executed such
modification, in writing, and it has been signed by the party against whom enforcement may be sought. Further, no evidence of any modification, amendment or
waiver shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the
rights or obligations of any party hereunder, unless the same is in writing and has been duly executed by SoCal Business Broker's managing Broker.
8. Buyer Acknowledges receiving a duly executed copy of this Agreement.
9. The undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly Authorized to do so.