NDA Terms

Confidentiality and Non-Disclosure Agreement

By completing the NDA Agreement Form on this website, you acknowledge that you have read, understood, and agreed to the following terms and conditions of this Confidentiality and Non-Disclosure Agreement (“Agreement”). This Agreement is binding upon submission.

1. Confidentiality Obligations

1.1 All information provided by Maxwell Polaris (the “Brokerage”), whether in written, oral, or electronic form, relating to the business listing (the “Business”), including but not limited to financial statements, lease documents, and proprietary data (the “Information”), must be treated as strictly confidential.

1.2 You shall not disclose the Information to any third party without prior written consent from the Brokerage, except to your professional advisors (legal, financial, or otherwise) directly involved in evaluating the Business. These advisors must also be bound by confidentiality obligations.

1.3 You agree to use the Information solely for the purpose of evaluating a potential purchase of the Business and not for any other purpose.

1.4 You agree not to contact the Seller, employees, customers, suppliers, or other stakeholders of the Business without prior written consent from the Brokerage.

2. Return or Destruction of Information

2.1 If you decide not to proceed with the purchase of the Business, or if requested by the Brokerage, you agree to return or destroy all copies of the Information, including notes, summaries, or analyses derived from it.

2.2 You must provide written confirmation to the Brokerage certifying the return or destruction of all Information as requested.

3. Limitations on Confidentiality

These obligations do not apply to Information that:

a. Is publicly available at the time of disclosure or becomes public without your fault;

b. Was already known to you without obligation of confidentiality;

c. Is disclosed by a third party legally entitled to make such disclosure; or

d. Is required by law to be disclosed, provided you promptly notify the Brokerage and cooperate to limit disclosure.

4. Ownership of Information

All Information provided remains the exclusive property of the Seller. This Agreement does not grant you any license or rights to use the Information beyond what is stated herein.

5. Legal Remedies

You acknowledge that any breach of this Agreement may cause irreparable harm to the Seller or the Brokerage, entitling them to seek legal remedies, including injunctions, in addition to any other available remedies.

6. General Provisions

6.1 Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remainder shall remain valid.

6.2 Assignment: This Agreement is personal to you and may not be assigned without the Brokerage’s prior written consent.

6.3 Entire Agreement: This Agreement constitutes the entire understanding between you and the Brokerage.

6.4 Governing Law: This Agreement shall be governed by the laws of the Province of Alberta, Canada.

6.5 Time of the Essence: Time is of the essence in this Agreement.

 

By checking the agreement box and submitting your details on the NDA Agreement Form, you acknowledge and agree to be bound by the terms of this Confidentiality and Non-Disclosure Agreement.