2. Receiving Party: Peritus Properties, LLC, including its affiliates and subsidiaries, with its principal office located at 1390 Market St. Ste. 200. San Francisco, CA 94102 ("Receiving Party").
1. Purpose The purpose of this Agreement is to ensure the confidentiality of proprietary information
disclosed by the Disclosing Party to the Receiving Party in connection with a specific commercial real estate
referral transaction (the "Purpose").
2. Confidential Information For the purposes of this Agreement, "Confidential Information" shall mean all non-public, proprietary, or sensitive information, including but not limited to:
- Client names, contact information, and relationships;
- Transaction details, including property information and financial data;
- Business strategies, marketing plans, and proprietary processes;
- Any information that is designated as confidential or would reasonably be considered confidential under the
circumstances.
3. Obligations of the Receiving Party The Receiving Party agrees to:
- Maintain the confidentiality of all Confidential Information using the same degree of care as it uses for its
own confidential information, but in no event less than a reasonable standard of care;
- Not disclose Confidential Information to any third party without the prior written consent of the Disclosing
Party;
- Use Confidential Information solely for the Purpose of evaluating or executing the specific referral
transaction.
4. Limited Representation and Non-Solicitation The Receiving Party agrees to represent the referred client only for the specific transaction covered under the Peritus Property Commercial Referral Agreement. The Receiving Party will not solicit, engage, or accept future business from the referred client unless a new Non-Disclosure Agreement is executed with the Disclosing Party’s consent.
5. Term and Duration This Agreement is not terminable by either party and shall remain in full force and effect for a period of five (5) years from the date the referral is received by the Receiving Party. The confidentiality obligations shall survive the completion of the specific transaction and remain enforceable for the full duration.
6. Remedies The Receiving Party acknowledges that any breach of this Agreement may cause irreparable harm to the Disclosing Party, for which monetary damages may not be sufficient. In the event of such a breach, the Disclosing Party shall be entitled to seek injunctive relief, specific performance, and any other remedies available under law or equity.
7. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington State without regard to its conflict of law principles.
