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Confidentiality Agreement


ANZ



 

Disclaimer

Subject to the provisions of the Trade Practices Act 1974 and subject to any other non-excludable statutory provisions, Sox Enterprises Pty Ltd trading as Superior Property Group and/or AllChildcareSales Australia for themselves and for the Vendors of this property for whom they act gives notice that:

All information given in relation to this property whether contained in this document or given orally, is given without responsibility

Intending purchasers should satisfy themselves as to the truth or accuracy of all information given by their own inspections, searches, inquiries, advices or as is otherwise necessary

No person in the employment of Superior Property Group and/or AllChildcareSales has any authority to make or give any representation or warranty whatever in relation to this property.

This material is produced or provided by the owner/lessor and or their consultants are passes for general information purposes but no warranty of accuracy is made.

Assume visual images enclosed (e.g. plans, photography, specifications, artist impressions, brochures) are strictly indicative-conceptual only (any statements to the contrary endorsed on such material are attributable to the author, not us). Appearance or layout of anything depicted may alter at any time without reference to us. All visual material and designs are subject to change at any time. Any measurement noted is taken to be indicative and not to scale. All outlines on photographs are indicative only. Price lists are not offers to sell / lease / hold properties, or fix an asking price – they are last known asking prices only and are subject to change without notice. Any price mentioned in the advertisements does not take into account any applicable Goods and Services Tax (“GST”). Prospective purchases are strongly advised to make their own enquiries as to whether any listing price is inclusive or exclusive of GST. We are not valuers and make no comment as to value. “Sold / leased” designations show only that stock is “currently not available” – no that the property is contracted / settled. Any information supplied may have changed since we received it and we take no responsibility for that. No reliance should be placed on any answer or volunteered information in a call with our staff. Statements of any kind will not be deemed authorised unless in writing signed by one of our directors. This document) including attachments) is only intended for its addressee/s and may contain privileged or confidential information. Each party is recommended to undertake their own searches and investigations to determine the accuracy of the above information.

RECITALS

A. The Confidential Information is confidential and valuable to the Informant. Unauthorised use or disclosure of the Confidential Information may cause irreparable harm to the Informant.

B. The Informant and the Recipient agree that the Informant will disclose the Confidential Information to the Recipient on the following terms set out in the Operative Part.

OPERATIVE PART

Informant's Obligations

1. The Informant will endeavour to include in the Confidential Information all matters in its possession that are reasonably necessary for the Purpose.

2. The Informant will ensure that the Confidential Information is as complete and accurate as possible to enable the Recipient to achieve the Purpose.

3. The Informant warrants that to the best of its knowledge and belief, its disclosure of the Confidential Information and the Recipient's use of the Confidential Information in accordance with this Deed, does not infringe any law, nor is it a breach of any agreement to which the Informant is a party.

4. The Informant will ensure that any information provided by the Recipient to the Informant in respect of the Purpose remains confidential.

Recipient's Obligations

5. The Recipient can only use the Confidential Information for the Purpose. The Recipient must not use, or permit the use of, the Confidential Information in a manner or for a purpose that is detrimental to the Informant.

6. The Recipient's obligation to keep the Confidential Information confidential will not apply to the following:

(a) Confidential Information that is public knowledge or becomes generally available to the public, except where the information has become public through a breach of this Deed;

(b) Confidential Information that was known to the Recipient on a non-confidential basis prior to its disclosure by the Informant;

(c) Confidential Information that was available to the Recipient from a third party whose direct or indirect source was not the Informant.

7. The Recipient shall not disclose, divulge or provide the Confidential Information, or the fact that the Confidential Information is being provided to the Recipient, to any person without the prior written consent of the Informant. However, the Recipient may disclose the Confidential Information to the following without prior written consent:

(a) a limited number of Directors (as defined in s 60 of the Corporations Law), officers and employees of the Recipient on a strictly ‘need to know’ basis; and

(b) the local representatives, accountants, financiers, legal and financial advisers of the Recipient on a strictly ‘need to know’ basis.

(c) clients of the Recipient, subject to those clients signing a confidentiality agreement with the Recipient on similar terms to this Confidentiality Agreement.

(d)  the local representatives, accountants, financiers, legal and financial advisers of clients of the Recipient on a strictly ‘need to know’ basis and subject to the proviso that they are fully aware that a confidential agreement covering the Confidential Information has been signed by the client of the Recipient.

8. If the Recipient is required by law to disclose the Confidential Information, prior written consent of the Informant is not required. However, the Recipient undertakes to:

(a) immediately notify the Informant of any actual or anticipated requirement of the law to disclose the Confidential Information; and

(b) use its best endeavours to delay and withhold the disclosure until the Informant has had reasonable opportunity to oppose the disclosure by lawful means.

Return of Confidential Information

9. If the Purpose is not achieved or negotiations between the Informant and the Recipient regarding the Purpose cease:

(a) the Informant can serve written notice to the Recipient to return the Confidential Information to the Informant;

(b) within three (3) business days of the receipt of the written notice, the Recipient must return all originals, copies, extracts and summaries of the Confidential Information to the Informant;

(c) the Recipient will not retain any originals, photocopies or abstracts of any document containing the Confidential Information or any part of any such document; and

(d) the return of the documents will be at the Recipient's expense.

Transfer of obligations

10. The Recipient cannot assign, transfer or otherwise dispose of its obligations in this Deed, either in whole or in part.

Recipient's employees, agents etc

11. The Recipient must ensure that its directors, officers, employees, legal or personal representatives, accountants, financiers or financial advisers comply with the provisions of this Deed which impose any obligation on the Recipient as if such people are party to the deed. A breach of such a provision by one of those people will be regarded as a breach of this Deed by the Recipient.

Breach of deed

12. If the Recipient breaches a provision of this Deed, the Informant will be entitled to seek all appropriate remedies, including monetary damages and interim, interlocutory or permanent injunctions against the Recipient, its directors, officers, employees and agents.

Interpretation

13. Each provision of this Deed is deemed to be separate and severable from the other provisions. If any of the provisions of this Deed are invalid or not enforceable, all other provisions remain valid and enforceable in accordance with their terms.

14. Clause headings do not affect interpretation of this agreement.

Jurisdiction

15.  This Deed is to be governed and construed by the laws of Queensland. The parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

 


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