Confidentiality Agreement

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CONFIDENTIALITY & NON-CIRCUMVENTION AGREEMENT: Parties: This Agreement is made between: Business Classifieds Pty Ltd (ACN 130 005 426) ATF Business Classifieds Trust (the Agent), and The undersigned recipient (the Recipient). 1. Interpretation: For the purposes of this Agreement: Business means the business and/or assets referred to by the Agent and/or described in any document, advertisement, memorandum, or agreement provided by the Agent. Confidential Information means all information, documents, data, forecasts, statements, and material (whether written, verbal, or electronic) disclosed by the Agent or the Seller in connection with the Business, excluding information which is in the public domain (other than through a breach of this Agreement). Seller means the party who owns or controls the Business, and includes their heirs, executors, administrators, successors, assigns, or any related entity. Recipient means the individual or entity receiving Confidential Information, including its officers, employees, advisors, agents, representatives, successors, or assigns. Words denoting the singular include the plural and vice versa. Obligations bind parties jointly and severally. 2. Confidentiality Obligations: The Recipient agrees: (1) To keep all Confidential Information strictly confidential, (2) Not to disclose any Confidential Information to any person without the prior written consent of the Agent, except to professional advisors (lawyers, accountants, financiers) who require such information for the purpose of assessing the Business, provided such advisors are also bound by confidentiality, (3) To return or permanently delete all Confidential Information upon request or immediately if the Recipient elects not to proceed with the Business. 3. Non-Circumvention & Commission Protection: (1) The Recipient acknowledges the Agent is the introducing party and the effective cause of all dealings with the Seller, (2) The Recipient agrees not to approach the Seller (directly or indirectly), or attempt to negotiate, purchase, lease, invest in, or otherwise acquire an interest in the Business, except through the Agent, unless otherwise agreed in writing, (3) The Recipient must not: (a) bypass, avoid, or circumvent the Agent in any dealings with the Seller; (b) assist any other party to do so; or (c) take any action that interferes with the Agent's entitlement to commission, (4) If the Recipient (or any related entity, nominee, associate, or advisor of the Recipient) acquires an interest in the Business, whether directly or indirectly, the Recipient agrees the Agent is deemed to be the effective cause of the transaction, and the Agent's full commission is payable by the Seller in accordance with their agency agreement, (5) If the Recipient is found to have breached this clause, the Recipient agrees to indemnify the Agent against any loss, commission, costs, or damages suffered as a result of such breach. 4. Indemnity: The Recipient indemnifies and holds harmless the Agent against all claims, demands, actions, losses, liabilities, damages, and costs arising out of or in connection with any breach of this Agreement. 5. Disclaimer: (1) Information supplied in connection with the sale of this business has been supplied by the seller and other sources deemed reliable. While every care has been taken to verify the accuracy of the information, Business Classifieds Pty Ltd ATF Business Classifieds Trust and its agents make no representations or warranties (express or implied) as to the accuracy, completeness, or currency of the information provided, (2) Prospective purchasers must make their own independent enquiries, investigations, and assessments and should seek professional advice from their accountant, solicitor, and/or other relevant advisors, (3) No reliance should be placed on any statement, forecast, or representation as to future matters, including profitability, performance, or growth potential, which are inherently subject to business, market, and economic risks, (4) Business Classifieds Pty Ltd ATF Business Classifieds Trust and its representatives do not accept liability for any loss, cost, or damage arising directly or indirectly from any decision made based on the information provided, (5) This document does not constitute legal, financial, or business advice and is not a substitute for a full due diligence investigation. The sale of this business is subject to contract and the final approval of the seller. 6. Duration: The obligations in this Agreement continue indefinitely, including after the return or destruction of Confidential Information. 7. Electronic Acceptance: The Recipient agrees that execution of this Agreement electronically, including by clicking "I Agree" or providing acknowledgement via email or digital form, is binding and enforceable.*

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Confidentiality Agreement

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