NON-CIRCUMVENTION, NON-DISCLOSURE AND CONFIDENTALITY AGREEMENT
This agreement (“Agreement”) is by and between Investment Property Loan Exchange, LLC., a commercial broker (“we,” “us,” “our”) and the Lender(s) who acknowledges below (“you,” “your”).
The Parties with this agree to respect the integrity and tangible value of this agreement between them and this agreement is a guarantee relating to all submissions: properties and the acquisition or refinance of said property(s).
Because of this agreement, the Parties involved in this transaction may learn from one another, of from principals, the names and telephone numbers of investors, borrowers, lenders, agents, brokers, banks, lending corporations, individuals and/or trusts, or buyers and sellers hereinafter call contacts. The Parties with this acknowledge, accept and agree that the identities of the contacts will be recognized by the other Party as exclusive and valuable contacts of the introducing Party and will remain for the duration of this agreement.
The Parties agree to keep confidential the names of the contacts introduced or revealed to the other party, and that their firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants will not contact, deal with, negotiate or participate in any transaction with any of the contacts with first entering a written agreement with the Party who provided such contact unless that Party gives prior written permission.
Such confidentiality will include any names, addresses, telephone, telex, facsimile numbers and/or other pertinent information disclosed or revealed to either Party.
In the case of circumvention, the Parties agree and guarantee that they will pay a legal monetary penalty that is equal to 1% of the loan amount, or fee the circumvented Party should have realized in such transaction, by the person(s) engaged on the circumvention for each occurrence. If either Party commences legal proceedings to interpret or enforce the terms of THIS AGREEMENT, the prevailing Party will be entitled to recover court costs and reasonable attorney fees. This agreement pertains to any and all future transactions and will continue for a period of twelve (12) months following the last loan considered by the contact introduced by the Parties.
The parties will construe THIS AGREEMENT in accordance with the laws of the state of MO, county of Greene. If any provision of this agreement is found to be void by any court of competent jurisdiction, the remaining provisions will remain in force and effect.
THIS AGREEMENT contains the entire understanding between the Parties and any waiver, amendment or modification to THIS AGREEMENT will be subject to the above conditions and must be attached hereto.
Upon the acknowledgement of THIS AGREEMENT by checking the box below, the Parties agree that any individual, firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants of which the signee is an agent, officer, heir, successor, assign, or designee is bound by the terms of THIS AGREEMENT for a period of twelve (12) months following the last loan considered by the contact introduced by the Parties.
A facsimile copy and/or email copy of this Non-Circumvention, Non-Disclosure and Confidentiality Agreement shall constitute a legal and binding instrument. By acknowledging below I warrant that I have complete authority to enter into THIS AGREEMENT.