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Confidentiality Agreement



Confidentiality Agreement

This confidential Child Care memorandum (“Memorandum”) is being given to you for the sole purpose of evaluating the possible property and is not to be used for any other purpose or made available to any other party without the prior written consent.

This Memorandum was prepared by Superior Property Group (ABN 89 147 312 856) based on information supplied by the Owner and Superior Property Group.  It contains select information about the property and the real estate market but does not contain all the information necessary to evaluate the acquisition of the Property.  The financial projections contained herein (or in any other Confidential Information) are for general reference only.  They are based on assumptions relating to the overall economy and local competition, among other factors.  Accordingly, actual results may vary materially from such projections.  Various documents have been summarised herein to facilitate your review; these summaries are not intended to be a comprehensive statement of the terms of such documents.

While the information contained in the Memorandum and any other Confidential Information is believed to be reliable, neither Superior Property Group nor the Owner makes any representations, warranties, or guarantees, expressed or implied, as to its accuracy or completeness or that there have been no changes subsequent to the date hereof.  Because of the foregoing and since the Property is being offered on an “As Is, Where Is” basis without representations or warranties by the Owner for physical, functional, economic, environmental, legal or similar conditions of the Property, a prospective investor or other party authorized by the prospective investor to use such material solely to facilitate the prospective purchaser’s investigation, must make it’s independent investigations, projections and conclusions regarding the acquisition of the Property without reliance on this Memorandum or any other Confidential Information.  Although additional Confidential Information, which may include engineering, environmental or other reports, may be provided to qualified parties as the marketing period proceeds, prospective purchasers should seek advice from their own attorneys, accountants, engineers and environmental experts.

The Owner expressively reserves the right, at its sole discretion, to reject any offer to purchase the Property, to terminate any negotiations with any party at any time with or without written notice and to negotiate with one or more prospective buyers at any time and to enter into a purchase and sale agreement for the sale of the Property and accept back up offers at any time without prior notice to the recipient or other prospective purchasers.  The Owner shall have no legal commitment or obligation to any prospective purchaser unless or until a written sale agreement has been fully executed, delivered and approved by the Owner and any conditions to the Owner’s obligations thereunder have been satisfied or waived.

The Owner has retained Superior Property Group as its advisor and will be responsible for any commission due to Superior Property Group in connection with a transaction of the Property pursuant to a separate agreement.  Superior Property Group is not authorized to make any representation or agreement on behalf of the Owner.  Each prospective purchaser will be responsible for any claims for commissions by any broker.

This Memorandum is the property of the Owner and Superior Property Group and may be used only by parties approved by the Owner or Superior Property Group.  No portion of this Memorandum may be copied or otherwise reproduced or disclosed to anyone without the signing of a Confidentiality Agreement by the approved parties and Owner.

Superior Property Group will arrange all contacts for appropriate due diligence by potential purchasers of the Property.  All inquiries or requests for information should be submitted or directed by Superior Property Group.  Neither the Owner nor the management of the Property should be contacted directly under any circumstance.

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