Agreement dated 
* between eXp Commercial LLC and * . The Parties, in consideration of the promises and covenants contained herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows:
Confidential Information (the "Information"): For the purposes of this Agreement, the Information shall include but not be limited to eXp Commercial LLC's techniques, formulas, methodologies, processes, trade secrets, unpublished financial data and reports, tax returns, marketing strategies, prospective customer lists, and customer lists all related to the possible transactions of commercial, residential, fractional, and/or other condo-hotel units, town homes, and all other real properties. eXp Commercial LLC does not make any representations or warranties, express or implied, as to the accuracy or completeness of the Information provided.
Confidentiality, Non-Disclosure: The Undersigned shall hold and maintain the Information in the strictest confidence and in trust for the sole and exclusive purpose of analyzing, negotiating, effecting, and continuing a business relationship between the Parties. The Undersigned shall not use for his/her own benefit, publish, or otherwise disclose to others or permit the use by others for their benefit or to the detriment of eXp Commercial LLC or its Prospective Listing/Buyers Groups any of the Information.
The Undersigned agrees to use the information solely and entirely for the purpose of transactions of commercial, residential, fractional, and/or condominium-hotel units, town homes, and all other real property to the Prospects, Sellers, Buyers, and Investors. On termination or expiration of discussions or upon the sole discretion of eXp Commercial LLC and at the request of eXp Commercial LLC, the Undersigned shall surrender all originals of the Information to eXp Commercial LLC within five (5) business days of such request without retaining any copies, extracts, or other reproductions (in whole or in part) of the Information.
Non-Circumvention and Non-Solicitation: The Undersigned agrees not to make any offer directly or indirectly, other than through eXp Commercial LLC, whether verbal, written or by any other means whatsoever, to any of eXp Commercial LLC's Prospective Buyers Groups or their agents, representatives, officers, employees, or affiliates. Any attempt by the Undersigned to negotiate with any of the above either directly or through a third party other than on behalf of eXp Commercial LLC will be a material breach of this agreement.
Effective Date, Term: This Agreement shall become effective on the earlier of the first date of execution of this Agreement or the date that any Information, as defined above, was or is first disclosed by eXp Commercial LLC to the Undersigned. This Agreement shall remain in effect while the Parties conduct business together and for five (5) years following the termination of any business that Parties conduct together.
Waiver: This Agreement shall inure to the benefit of each party and shall be binding upon the personal representatives, subsidiaries, and affiliates of the parties and may not be terminated, amended, or modified, except by a written instrument signed by both parties.
Applicable Law Authority Venue: Tennessee state law shall govern this Agreement. Venue shall be in the courts of the State of Tennessee. The parties consent to the authority of the Federal and state courts of the State of Tennessee.
Injunctive Relief: The parties agree that a breach by Undersigned of this Agreement shall cause substantial and irreparable harm to eXp Commercial LLC and, to protect the eXp Commercial LLC interests herein and to maintain the status quo, eXp Commercial LLC shall be entitled to seek and obtain injunctive or other equitable relief.
Breach; Damages: If the Undersigned breaches this agreement, it shall be liable to eXp Commercial LLC for, among other damages, all reasonable costs of any legal action that eXp Commercial LLC may initiate to enforce its rights under this agreement, including but not limited to reasonable attorneys' fee.