Confidential Disclosure Agreement
WHEREAS the Applicant has provided to Mount Desert 365 certain personal information related to this Eligibility Application; and
WHEREAS Mount Desert 365 has required submission of the information contained on the attached Eligibility Application, including certain information pertaining to the Applicant’s qualification for bank financing;
NOW THEREFORE, in consideration of the mutual purposes of the Applicant and Mount Desert 365, the parties agree as follows:
1. Disclosure. The Applicant agrees to disclose and Mount Desert 365 agrees to receive certain Confidential Information.
2. Confidentiality. Mount Desert 365 agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than those having a need for disclosure, including: the employees of Mount Desert 365, members of the Board of Directors of Mount Desert 365 or any of the Board’s committees or subcommittees, and certain consultants having a need for disclosure in connection with Mount Desert 365’s authorized use of the Confidential Information.
3. Limits on Confidential Information. Mount Desert 365 shall have no obligation with respect to such information where the information:
(a) was known to Mount Desert 365 prior to receiving any confidential information from Applicant;
(b) has become publicly known through no wrongful act of Mount Desert 365;
(c) was received by Mount Desert 365 without breech of this Agreement from a third party without restriction as to use and disclosure of the information;
(d) was ordered to be publicly released by the requirement of a government agency.
4. Ownership of Confidential Information. Applicant agrees that all Confidential Information included in this Application shall remain the property of Mount Desert 365 and that Mount Desert 365 may use such Confidential Information for purposes related to the determination of the qualifications of the Applicant pursuant to this Application.