CONWAY REAL ESTATE COMPANY, INC.



NON-DISCLOSURE, CONFIDENTIALITY AGREEMENT

This Non-disclosure and Confidentiality Agreement (the “Agreement”) between 169 Sunapee Street, LLC (the “Seller”) and the Buyer, defined herein, pertains to the release of certain confidential information related to the potential sale of the following properties: 169 Sunapee Street & 21 Cross Street, Newport, NH 03773 (the “Properties”). This information will be kept confidential. In compliance with the above, please read and complete the following Non-disclosure and Confidentiality Agreement for the following properties: 169 Sunapee Street, 21 Cross Street and all outlining parcels as legally described (the “Properties”) all located in Newport, NH.

I/We, ___________________________________, the undersigned prospective buyer (the “Buyer”) hereby acknowledges receipt of confidential information about the Properties. I/We have sought out information purely to evaluate the Properties for purposes of purchasing it. I/We understand that the confidential information received includes but is not limited to any financial and/or operational information about the Properties that are for sale. The undersigned acknowledges that the Seller may suffer irreparable harm in the event that the undersigned breaches any of the confidentiality obligations herein, and monetary damages will be inadequate to compensate the Seller for such breach. The Seller, in addition to any other remedies available to it, shall be entitled to injunctive relief to enforce the confidentiality provisions of the Agreement. This Agreement is for the benefit of and may be directly enforced by the Seller.

No warranty or representation, expressed or implied, is made by the Seller, or any of their respective affiliates, as to the accuracy or completeness of the information contained herein or as to any due diligence material submitted. Prospective purchasers should make their own projections and conclusions without reliance upon the material contained herein and conduct their own independent due diligence, including engineering and environmental inspections, to determine the condition of the Properties and the existence of any potentially hazardous material used in the construction or maintenance of the buildings or located at the site.

Seller hereby discloses that Ronald K DeCola, CCIM, is a Managing partner of 169 Sunapee Street, LLC and, is a Licensed Real Estate Broker in The State of New Hampshire.

In consideration of having been provided the above information in reference to the PROPERTIES, I/We hereby agree:

(1) Not to reproduce or divulge any such information to any person including but not limited to other Real Estate Agents. I/We have the right to discuss the information with our Client(s), Accountant and Attorney to secure their advice and, or, legal counsel, in which case I/We agree to obtain their consent to maintain such confidentiality.

(2) To conduct all further inquiries about the above through Ronald K DeCola, CCIM which I/We acknowledge to be the Seller representative, first providing such information to me. I will not attempt to contact the (other) owners, and their agents, employees, customers, tenants or creditors.

(3) To return all proprietary information provided about the Properties when and if I/We decide not to pursue the investment opportunity.

(4) Ronald K DeCola, CCIM, represents the Seller in this transaction. All information purported including all financial representations from the Seller is from sources we deem reliable; however, no representations are made to the accuracy of the information furnished and is additionally subject to errors, omissions, prior sale or withdrawal from the market all without notice.

(5). All offers to Purchase must be submitted to Ronald K DeCola, CCIM, rkdecola@, (603) 289-2738

Financial Disclaimer for Commercial/Business Transactions

I/We understand that all financial information has been provided by the Seller and, is believed to be reasonably accurate. It is incumbent on the Buyer to execute their own level of due diligence in their decision-making process. I/We acknowledge that the Seller makes no representations as to the accuracy of the information provided by it or others and I/We agree to indemnify and hold the Seller harmless from any claims or damages resulting from its use.

Acknowledgement

Read and Accepted This ____ Day of ___________ , 2020

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