BUSINESS

CONFIDENTIALITY AGREEMENT. Interpretation: (a) "Recipient" means the party referred to in this Confidentiality Agreement and includes all parties described in any Items Schedule and/or Contract of Sale, and/or Heads of Agreement, and/or Purchase Agreement, and/or Deed, and/or any Agreement which results in the Recipient, and/or heirs, and/or executors, and/or administrators, and/or successors and/or assigns either directly or indirectly having any consideration and/or interest in the Business and/or Property (hereinafter referred to as "Agreement"); and in the event the Recipient uses a new or related legal entity, or has a change in identity or name; or a Controller, or Liquidator, or Administrator, or Trustee, or Executor is appointed, then the Recipient shall refer to the new or related legal entity, change in identity or name, or the Controller, Liquidator, Administrator, Trustee, or Executor as the case may be. (b) “Business” means the business referred to in this Confidentiality Agremeent and/or described in any Agreement. (c) “Property” means the property referred to in this Confidentiality Agreement and/or described in any Agreement. (d) “Seller” means the party described in any Agremeent between the Recipient and includes heirs, executors, administrators, successors and assigns; and in the event the Seller uses a new or related legal entity, or has a change in identity or name; or a Controller, or Liquidator, or Administrator, or Trustee, or Executor is appointed, then the Seller shall refer to the new or related legal entity, change in identity or name, or the Controller, Liquidator, Administrator, Trustee, or Executor as the case may be. (e) “Agent” means Business Classifieds Pty Ltd ATF Business Classifieds Trust. (f) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genderss and references to documents or agreements also mean those documents or agreements as changed, novated or replace. (g) Grammatical forms of defined words or phrases have corresponding meanings. (h) Reference to the Recipient shall bind their heirs, executors, administrators, successors and assigns. (h) Obligations under the Confidentiality Agreement affecting more than one party bing them jointly and each of them severally. AGREEMENT: The Recipient ("I/We/Me/Us") agrees to the Confidentiality Agreement as follows: In consideration of the Agent agreeing to provide me/us directly or indirectly with information relating to any Business/Property presented to me, I/We hereby agree and undertake as follows: (1) I/We will hold and keep as strictly confidential all information, statements, opinion, forecasts and other matters of whatsoever nature, whether written or oral (“the Confidential Information”) except in so far as the same may be or become information in the public domain. (2) I/We will not disclose any of the Confidential Information to any employee or third party unless such employee or third party is specifically required to have knowledge of the same for purposes directly related to my/our consideration of the Business/Property. (3) In the event of my/our making any disclosure to any employee or third party, I/We undertake to procure that such employee or third party prior to such disclosure agree to be bound by the terms of the Confidentiality Agreement in writing prior to disclosure of the Confidential Information or any part thereof and a copy of such written acknowledgement shall be filed with the Agent immediately prior to such disclosure. (4) In the event that after consideration of the Confidential Information, I/We do not purchase or make an investment in the Business/Property, I/We will forthwith return the said Confidential Information together with any copies, notes thereof (or any part thereof) or any documents containing extracts reproduced there from made by or on behalf of us, and delete all electronic records. Furthermore, I/We will maintain the confidentiality of such information and not use the same for any purpose. (5) The Recipient must not in any manner whatsoever either directly or indirectly be concerned or interested in the Business/Property without the Agent's involvement. (6) I/We undertake to indemnify the Agent against any actions, proceedings, costs, claims, demands or liabilities which the Agent may suffer in consequence of any breach by me/us of the undertakings herein contained. (7) The obligations, covenants and undertakings contained in the Confidentiality Agreement shall continue in force without any limit in point of time. (8) I/we acknowledge the Agent does not adopt or endorse information provided by the Seller. (9) I/we agree and confirm that this electronic Confidentiality Agreement is enforceable. (10) I/We acknowledge that the Agent is the introducing agent and that all dealings with the Seller will be communicated through the Agent unless otherwise agreed in writing at a later date. I/We will not do and/or say anything that interferes and/or circumvents the Agent’s entitlement to Commission. In the event that the Recipient acquires Interest in the Business/Property, either in part or whole, the Recipient acknowledges and agrees that, had it not been for the Agent, such Interest would not have occurred and agrees that the Agent was the effective cause of such acquisition.*