Kevin Atkinson Business Sales Confidentiality Agreement

    Confidentiality Agreement between Kevin Atkinson Business Sales, the Seller and

      1. I/We have approached Kevin Atkinson seeking to acquire the assets of the business with listing Ref

      2. In consideration of Kevin Atkinson disclosing to me/us certain information about the Business including but not limited to its identity and any details as to its operation, financial accounts, trade secrets, employees, customers and suppliers ("the Confidential Information"), I/we hereby agree and covenant to Kevin Atkinson and the Seller or Sellers of the Business:
        1. not to disclose, distribute or permit to be communicated to any other person (except my/our accountant or legal advisor who I/we shall procure to covenant to abide by the terms of this Confidentiality Agreement (“Agreement”) the Confidential Information unless expressly authorised in writing by the Seller or by Kevin Atkinson;
        2. not to use or attempt to use the Confidential Information for any purpose other than the evaluation of the Business for the purpose of purchasing same or do any act, thing or omission involving the use of the Confidential Information which may injure or cause loss to Kevin Atkinson or the Seller or which may affect the carrying on of the Business;
        3. not to approach the Seller or the Business' employees, customers or suppliers without prior approval and arrangement with Kevin Atkinson and to refer all queries through Kevin Atkinson; and d. to immediately return to Kevin Atkinson the Confidential Information and not to retain any copies and to delete any electronic records including all emails and attachments relating to the Business, in the event that I/we decided not to conclude.
      3. I/we acknowledge and agree that:
        1. Kevin Atkinson is the introducing agent, and that all offers and deposits for any Business, shares or interest in an entity which owns any Business, or any asset of any Business will be conducted through Kevin Atkinson, or as Kevin Atkinson directs;
        2. if I/we breach the above clause and buy directly or indirectly a Business or any interest in such Business, or as a result of a breach of clause 2, the Seller withdraws the Business from the market and/or terminates Kevin Atkinsons authority to act on the sale of the business: then I/we will be jointly and/or severally liable to Kevin Atkinson for any loss incurred through such actions and agree that such loss as pre- liquidated damages would equal the Commission Kevin Atkinson would be entitled to from the Seller;
        3. if I/we breach clause 2 of this agreement, I/we undertake to indemnify Kevin Atkinson against any actions, proceedings, costs, claims, demands or liabilities which it may suffer as a consequence of that breach;
        4. Kevin Atkinson has been engaged by the Sellers of the Businesses to sell same and enter into this Agreement on their behalf;
        5. if I/we breach clause 2 of this agreement, then I/we will also be jointly and/or severally liable to the Seller for any loss incurred by it as a result of the breach, including but not limited to tortious damages (including loss of profits), or in the alternative an account of profits and/or compensation for the value of the Confidential Information, such measure of damages to be at the election of the Vendor; as well as Kevin Atkinsons and/or the Vendor's solicitor-client costs in enforcing the breach of confidentiality under this agreement (including any application for interim and/or permanent injunctions to restrain any further breach of confidentiality under this agreement, or order for the return of the Confidential Information or delivery up and/or destruction of any goods manufactured in breach of this Agreement); and
        6. this Agreement applies to any Confidential Information provided to me/us in relation to any Business and I/we are bound to the provisions of this Agreement to both Kevin Atkinson and the Seller of any such Business.
      4. Acceptance by Electronic Mail: Execution of this Agreement and transmission between the parties by electronic signature and email response each to the other or their representative will constitute offer and acceptance and satisfy the requirements of Section 209 of the Contract & Commercial Law Act 2017.
      5. I/we have been advised that before signing this Agreement, it is recommended that I/we seek legal advice before entering into the same.