2026 Apex Commercial Real Estate Services - Universal Confidentiality Agreement

NDA / Confidentiality Agreement

for Apex Commercial Real Estate Services (CRES)
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Utah Confidentiality Agreement Terms & Conditions*

Various Sellers have provided confidential information to KW South Valley Keller Williams (the “Broker”) for the intent of marketing, buying, and/or selling their business, personal property, real estate, and/or assets. Inconsideration of the disclosure of certain confidential information, _____________________________ (“Prospect”) hereby understands and agrees to the following: 1. Prospect agrees to keep all Confidential Information in the strictest confidence and will not disclose the same to third parties except as hereinafter provided. The term “Confidential Information” includes any and all information provided to Prospect by Seller or Broker regarding the operations, interests, financial performance, and/or assets of Seller, and includes information provided through discussion of the operations, interests, financial performance, and/or assets of Seller. 2. Prospect agrees not to disclose any confidential information to any other person who has not also signed this Agreement except to secure the advice and recommendations of those professionals who constitute Prospect’s business advisors and lending institutions who will be directly involved in evaluating the operations, interests, and/or assets of Seller for or on behalf of Prospect. In sharing Confidential Information with said professionals, Prospect agrees to prohibit disclosure of the same by those professionals to any third parties and assumes direct responsibility for enforcing such prohibition and for any breach thereof. Any information which is disclosed pursuant to this agreement shall remain completely confidential until the sooner of: (a) the public disclosure of said information by the party to which the information belongs, or (b) any applicable limitation set forth by law. 3. Prospect agrees it will not in any way contact the landlords, employees, suppliers, customers, or any other person or entity associated with the Seller without the Seller’s prior consent. Any information obtained by Prospect through such authorized contact shall be considered Confidential Information and treated as stated herein. Prospect agrees it will not make copies of any Confidential Information provided herein except with written authorization from Seller. Prospect will immediately notify Broker of any unauthorized releases of Confidential Information. Broker makes no warranty, express or implied, as to the accuracy of said Confidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information, or for any incompleteness in the same which operates to the detriment of Prospect. It is the responsibility of the Prospect to determine the accuracy, or lack thereof, of any Confidential Information provided. 4. Prospect agrees not to use Confidential Information received to its advantage by directly or indirectly competing with Seller. In the event Prospect determines not to purchase the business operations, interests, and/or assets of Seller, all Confidential Information shall be surrendered to Broker upon written request and Prospect will not use, disclose, or disseminate any of said Confidential Information thereafter. 5. Prospect agrees and acknowledges that any breach of this agreement would cause irreparable harm to Seller for which damages will be difficult to ascertain. Therefore, in addition to all available remedies of the law, Seller shall be entitled to equitable relief. Seller and/or Broker shall be entitled to recover from Prospect attorney fees and costs associated with enforcing this agreement. 6. The Prospect hereby further agrees not to circumvent Broker or directly contact, negotiate, or enter into an agreement to acquire property or assets of Seller without working through Broker. Prospect acknowledges that Broker is entitled to equitable compensation for its services and breach of this agreement could compromise Broker’s ability to collect compensation from Seller. Therefore, in addition to all available remedies of the law, Broker shall be entitled to equitable relief including a fee equal to 10% of the purchase price in the event of said breach by Prospect. KW South Valley Keller Williams 1 7. Upon signing this agreement, Broker will provide Prospect information on one or multiple properties and/or businesses. This agreement shall be fully applicable and in force for any business, real estate, and/or assets presented to Prospect by Broker for a period equaling the longest term authorized by state law wherein the Prospect’s services and efforts are being contracted for, but in no event will this agreement be for less than one (1)year from the greater of (i) the date of this agreement or (ii) for as long as Broker is entitled to earn a commission from Seller, whichever is less. This agreement shall survive the closing or sale of any business, real estate, and/or assets offered to Prospect, and shall be binding on Prospect’s heirs, successors and/or assigns. 8. This agreement shall be governed by and is subject to the laws of the State of where the Property being marketed is located, and/or where the Prospect’s services and efforts are being contracted for. If any provision is found unenforceable or invalid there under it will not invalidate or render the remaining provisions unenforceable. I acknowledge that I have read the Agreement carefully, fully understand it, and agree to it.
Colorado Confidentiality Agreement Terms & Conditions*

Various Sellers have provided confidential information to Keller Williams Integrity Real Estate (the “Broker”) for the intent of marketing, buying, and/or selling their business, personal property, real estate, and/or assets. In consideration of the disclosure of certain confidential information, _____________________________ (“Prospect”) hereby understands and agrees to the following: 1. Prospect agrees to keep all Confidential Information in the strictest confidence and will not disclose the same to third parties except as hereinafter provided. The term “Confidential Information” includes any and all information provided to Prospect by Seller or Broker regarding the operations, interests, financial performance, and/or assets of Seller, and includes information provided through discussion of the operations, interests, financial performance, and/or assets of Seller.2. Prospect agrees not to disclose any confidential information to any other person who has not also signed this Agreement except to secure the advice and recommendations of those professionals who constitute Prospect’s business advisors and lending institutions who will be directly involved in evaluating the operations, interests, and/or assets of Seller for or on behalf of Prospect. In sharing Confidential Information with said professionals,Prospect agrees to prohibit disclosure of the same by those professionals to any third parties and assumes direct responsibility for enforcing such prohibition and for any breach thereof. Any information which is disclosed pursuant to this agreement shall remain completely confidential until the sooner of: (a) the public disclosure of said information by the party to which the information belongs, or (b) any applicable limitation set forth by law.3. Prospect agrees it will not in any way contact the landlords, employees, suppliers, customers, or any other person or entity associated with the Seller without the Seller’s prior consent. Any information obtained by Prospect through such authorized contact shall be considered Confidential Information and treated as stated herein. Prospect agrees it will not make copies of any Confidential Information provided herein except with written authorization from Seller. Prospect will immediately notify Broker of any unauthorized releases of Confidential Information.Broker makes no warranty, express or implied, as to the accuracy of said Confidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in suchConfidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information, or for any incompleteness in the same which operates to the detriment of Prospect. It is the responsibility of the Prospect to determine the accuracy, or lack thereof, of anyConfidential Information provided.4. Prospect agrees not to use Confidential Information received to its advantage by directly or indirectly competing with Seller. In the event Prospect determines not to purchase the business operations, interests, and/or assets of Seller, all Confidential Information shall be surrendered to Broker upon written request and Prospect will not use, disclose, or disseminate any of said Confidential Information thereafter.5. Prospect agrees and acknowledges that any breach of this agreement would cause irreparable harm to Seller for which damages will be difficult to ascertain. Therefore, in addition to all available remedies of the law, Seller shall be entitled to equitable relief. Seller and/or Broker shall be entitled to recover from Prospect attorney fees and costs associated with enforcing this agreement.6. The Prospect hereby further agrees not to circumvent Broker or directly contact, negotiate, or enter into an agreement to acquire property or assets of Seller without working through Broker. Prospect acknowledges thatBroker is entitled to equitable compensation for its services and breach of this agreement could compromiseBroker’s ability to collect compensation from Seller. Therefore, in addition to all available remedies of the law,Broker shall be entitled to equitable relief including a fee equal to 10% of the purchase price in the event of said breach by Prospect.1Keller Williams Integrity Real Estate7. Upon signing this agreement, Broker will provide Prospect information on one or multiple properties and/or businesses. This agreement shall be fully applicable and in force for any business, real estate, and/or assets presented to Prospect by Broker for a period equaling the longest term authorized by state law wherein theProspect’s services and efforts are being contracted for, but in no event will this agreement be for less than one (1)year from the greater of (i) the date of this agreement or (ii) for as long as Broker is entitled to earn a commission from Seller, whichever is less. This agreement shall survive the closing or sale of any business, real estate, and/or assets offered to Prospect, and shall be binding on Prospect’s heirs, successors and/or assigns.8. This agreement shall be governed by and is subject to the laws of the State of where the Property being marketed is located, and/or where the Prospect’s services and efforts are being contracted for. If any provision is found unenforceable or invalid there under it will not invalidate or render the remaining provisions unenforceable. I acknowledge that I have read the Agreement carefully, fully understand it, and agree to it.
Idaho Confidentiality Agreement Terms & Conditions*

The parties stated above who have entered into, or are contemplating entering into an agreement to purchase, transfer, exchange or lease the real property referenced below, and/or the operations conducted thereon, (hereafter referred to as "the Transaction") believe it would be beneficial to review, exchange, provide and/or otherwise have access to various Information and/or Documentation, as those terms are defined below, pertaining to the property and/or Transaction; yet the parties also desire to maintain and protect the confidential nature of the Information and Documentation and ensure it is not circulated beyond the parties hereto; therefore the parties in reliance of the mutual promises contained herein here by covenant and agree as follows:The term Information as used herein shall mean knowledge or data provided by one party to the other, whether provided directly or indirectly through an agent, orally or documented, or obtained through site visits, inspections, meetings, conversation, or correspondence. Information may be provided contemporaneously herewith or after the execution of this agreement. Information shall include but not necessarily be limited to knowledge and data of a proprietary and/or confidential nature. Information shall specifically include, but is not limited to, (a) rental income and data, (b) tenant identification, (c) lease terms (d) gross or net profit or loss figures, (e) trade secrets, (f) business processes and methods of operation, (g) goodwill (h) intellectual property, (i) financial information, {j) services, (k) service costs, prices, profits and sales, (l) new business ideas, (m) business strategies and plans, (n) product and service plans, (o) marketing plans and studies, (p) forecasts, (q) budgets (r) projections, (s) computer programs,(t) databases and the information contained therein, (u) computer access codes and similar information,(v) software ideas, (w) know-how, technologies, concepts and designs, (x) research projects and all information connected with research and development efforts, (y) records, (z) business relationships, methods and recommendations, (aa) existing or prospective member, client, customer, vendor and supplier information (including, but not limited to, identities, needs, transaction histories, volumes, characteristics, agreements, prices, identities of individual contacts, and spending preferences or habits),(bb) training manuals and similar materials, (cc) competitive analyses, (dd) contracts with other parties, and (ee) other similar information of a sensitive nature.The term Documentation as used herein shall mean any memorialization, summary, assembly, or evidence of Information whether in paper, electronic, or other medium.1. PROTECTION: The receiving party will regard and preserve as confidential all Information andDocumentation provided and shall employ, at a minimum, the same standards, and procedures for protecting the Information and Documentation as the receiving party uses with the party's own confidential Information and Documentation. 2. USE: The various Information and Documentation being furnished by the providing party is solely for the receiving party's review in connection with its consideration of the Transaction. The receiving party will use the Information and Documentation solely in connection with the Transaction and for no other purpose whatsoever. The receiving party shall not copy, reproduce, reprint, or duplicate the Information and Documentation provided and shall only provide the same to those with a need to know as it relates to the receiving party's contemplation of the Transaction.3. WARRANTY: The providing party warrants that it has used good faith and reasonable diligence in the collection, documentation and provision of the Information and Documentation. The receiving party is using the Information and Documentation and relying on any information therein or conclusions derived therefrom at its own risk.4. RETURN OR DESTRUCTION. In the event that the Transaction does not close or come to fruition.or upon the written request of the party providing the Information and Documentation the receiving party will, within twenty four (24) hours return or destroy all Information and Documentation in its possession.including but not limited to Information and Documentation in electronic form. Upon request the providing party shall be entitled to written confirmation that the receiving party has fully complied with its return or destruction obligations.5. NON-SOLICITATION OF TENANTS OR CUSTOMERS. The receiving party agrees that for a period of eighteen (18) months from the date of this agreement, it will not solicit, divert, take away, or attempt to solicit, divert, or take away, any of the current tenants or customers, either for itself or on behalf of any other person or entity engaged in the business of the providing party. 6. NON-SOLICITATION OF EMPLOYEES. The receiving party agrees during a period of eighteen(18) months from the date of this agreement it will not solicit, recruit, or hire any other current employee of the Company, either for itself or on so behalf of any other person or entity.7. SURVIVAL. In the event the Transaction fails to close and/or the purchase sale agreements are terminated or withdrawn; the covenants and agreements contained herein, unless otherwise specifically indicated, shall be perpetual and survive the negotiations related to the Transaction.8. REMEDY FOR BREACH: It is agreed that it would be difficult to measure damages from any breach of this agreement therefore, all zs parties acknowledge that the remedy at law for any breach of any of the covenants and agreements contained in this agreement will be inadequate, and thus either party shall be entitled to immediate injunctive relief for the enforcement of this agreement in addition to receiving such other compensation for damages as a court of competent jurisdiction may award.9. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are in any way connected with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees, including such costs and fees on appeal.10. BINDING AGREEMENT: This agreement shall be binding upon and shall inure to the benefit of each party's respective heirs, personal representatives, successors, and assigns.11. COUNTERPARTS: This agreement may be executed in counterparts. Executing an agreement in counterparts shall mean the signature is of two identical copies of the same agreement. Each identical copy of an agreement signed in counterparts is deemed to be an original, and es all identical copies shall together constitute one and the same instrument.12. TRANSMISSION OF DOCUMENTS: Facsimile or electronic transmission of any signed original document, and retransmission of any signed facsimile or electronic transmission shall be the same as delivery of an original.13. SEVERABILITY: In the case that any one or more of the provisions contained in this agreement, or any application thereof, shall be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.14. APPLICABLE LAW: This agreement shall be governed by and interpreted in accordance with the laws of the state of Idaho. Any action a necessary to enforce this agreement shall be brought in the state of Idaho in any County having legal jurisdiction over the parties.15. ENTIRE AGREEMENT: This agreement represents the entire agreement with respect to theInformation and Documentation between ss the parties. All prior or contemporaneous negotiations, agreements, or understandings, whether oral or written, are merged into this agreement. This agreement may only be modified in writing executed by all parties hereto.16. AUTHORITY. If a party hereto is a corporation, trust, estate or other entity, the person executing this agreement on its behalf warrants to the other party they have the authority to do so and to bind the entity.
Arizona Confidentiality Agreement Terms & Conditions*

Various Sellers have provided confidential information to Keller Williams Arizona Realty (the “Broker”) for the intent of marketing, buying, and/or selling their business, personal property, real estate, and/or assets. Inconsideration of the disclosure of certain confidential information, _____________________________ (“Prospect”)hereby understands and agrees to the following: 1. Prospect agrees to keep all Confidential Information in the strictest confidence and will not disclose the same to third parties except as hereinafter provided. The term “Confidential Information” includes any and all information provided to Prospect by Seller or Broker regarding the operations, interests, financial performance, and/or assets of Seller, and includes information provided through discussion of the operations, interests, financial performance, and/or assets of Seller. 2. Prospect agrees not to disclose any confidential information to any other person who has not also signed this Agreement except to secure the advice and recommendations of those professionals who constitute Prospect’s business advisors and lending institutions who will be directly involved in evaluating the operations, interests, and/or assets of Seller for or on behalf of Prospect. In sharing Confidential Information with said professionals,Prospect agrees to prohibit disclosure of the same by those professionals to any third parties and assumes direct responsibility for enforcing such prohibition and for any breach thereof. Any information which is disclosed pursuant to this agreement shall remain completely confidential until the sooner of: (a) the public disclosure of said information by the party to which the information belongs, or (b) any applicable limitation set forth by law. 3. Prospect agrees it will not in any way contact the landlords, employees, suppliers, customers, or any other person or entity associated with the Seller without the Seller’s prior consent. Any information obtained by Prospect through such authorized contact shall be considered Confidential Information and treated as stated herein. Prospect agrees it will not make copies of any Confidential Information provided herein except with written authorization from Seller. Prospect will immediately notify Broker of any unauthorized releases of Confidential Information.Broker makes no warranty, express or implied, as to the accuracy of said Confidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in suchConfidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information, or for any incompleteness in the same which operates to the detriment of Prospect. It is the responsibility of the Prospect to determine the accuracy, or lack thereof, of anyConfidential Information provided. 4. Prospect agrees not to use Confidential Information received to its advantage by directly or indirectly competing with Seller. In the event Prospect determines not to purchase the business operations, interests, and/or assets of Seller, all Confidential Information shall be surrendered to Broker upon written request and Prospect will not use, disclose, or disseminate any of said Confidential Information thereafter. 5. Prospect agrees and acknowledges that any breach of this agreement would cause irreparable harm to Seller for which damages will be difficult to ascertain. Therefore, in addition to all available remedies of the law, Seller shall be entitled to equitable relief. Seller and/or Broker shall be entitled to recover from Prospect attorney fees and costs associated with enforcing this agreement. 6. The Prospect hereby further agrees not to circumvent Broker or directly contact, negotiate, or enter into an agreement to acquire property or assets of Seller without working through Broker. Prospect acknowledges thatBroker is entitled to equitable compensation for its services and breach of this agreement could compromiseBroker’s ability to collect compensation from Seller. Therefore, in addition to all available remedies of the law,Broker shall be entitled to equitable relief including a fee equal to 10% of the purchase price in the event of said breach by Prospect. Keller Williams Arizona Realty 1 7. Upon signing this agreement, Broker will provide Prospect information on one or multiple properties and/or businesses. This agreement shall be fully applicable and in force for any business, real estate, and/or assets presented to Prospect by Broker for a period equaling the longest term authorized by state law wherein theProspect’s services and efforts are being contracted for, but in no event will this agreement be for less than one (1)year from the greater of (i) the date of this agreement or (ii) for as long as Broker is entitled to earn a commission from Seller, whichever is less. This agreement shall survive the closing or sale of any business, real estate, and/or assets offered to Prospect, and shall be binding on Prospect’s heirs, successors and/or assigns. 8. This agreement shall be governed by and is subject to the laws of the State of where the Property being marketed is located, and/or where the Prospect’s services and efforts are being contracted for. If any provision is found unenforceable or invalid there under it will not invalidate or render the remaining provisions unenforceable. I acknowledge that I have read the Agreement carefully, fully understand it, and agree to it.
Wyoming Confidentiality Agreement Terms & Conditions*

Various Sellers have provided confidential information to Michele Realty (the “Broker”) for the intent of marketing, buying, and/or selling their business, personal property, real estate, and/or assets. Inconsideration of the disclosure of certain confidential information, _____________________________ (“Prospect”) hereby understands and agrees to the following:1. Prospect agrees to keep all Confidential Information in the strictest confidence and will not disclose the same to third parties except as hereinafter provided. The term “Confidential Information” includes any and all information provided to Prospect by Seller or Broker regarding the operations, interests, financial performance, and/or assets of Seller, and includes information provided through discussion of the operations, interests, financial performance, and/or assets of Seller.2. Prospect agrees not to disclose any confidential information to any other person who has not also signed this Agreement except to secure the advice and recommendations of those professionals who constitute Prospect’s business advisors and lending institutions who will be directly involved in evaluating the operations, interests, and/or assets of Seller for or on behalf of Prospect. In sharing Confidential Information with said professionals, Prospect agrees to prohibit disclosure of the same by those professionals to any third parties and assumes direct responsibility for enforcing such prohibition and for any breach thereof. Any information which is disclosed pursuant to this agreement shall remain completely confidential until the sooner of: (a) the public disclosure of said information by the party to which the information belongs, or (b) any applicable limitation set forth by law.3. Prospect agrees it will not in any way contact the landlords, employees, suppliers, customers, or any other person or entity associated with the Seller without the Seller’s prior consent. Any information obtained by Prospect through such authorized contact shall be considered Confidential Information and treated as stated herein. Prospect agrees it will not make copies of any Confidential Information provided herein except with written authorization from Seller. Prospect will immediately notify Broker of any unauthorized releases of Confidential Information.Broker makes no warranty, express or implied, as to the accuracy of said Confidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in suchConfidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information, or for any incompleteness in the same which operates to the detriment of Prospect. It is the responsibility of the Prospect to determine the accuracy, or lack thereof, of anyConfidential Information provided.4. Prospect agrees not to use Confidential Information received to its advantage by directly or indirectly competing with Seller. In the event Prospect determines not to purchase the business operations, interests, and/or assets of Seller, all Confidential Information shall be surrendered to Broker upon written request and Prospect will not use, disclose, or disseminate any of said Confidential Information thereafter.5. Prospect agrees and acknowledges that any breach of this agreement would cause irreparable harm to Seller for which damages will be difficult to ascertain. Therefore, in addition to all available remedies of the law, Seller shall be entitled to equitable relief. Seller and/or Broker shall be entitled to recover from Prospect attorney fees and costs associated with enforcing this agreement.6. The Prospect hereby further agrees not to circumvent Broker or directly contact, negotiate, or enter into an agreement to acquire property or assets of Seller without working through Broker. Prospect acknowledges thatBroker is entitled to equitable compensation for its services and breach of this agreement could compromiseBroker’s ability to collect compensation from Seller. Therefore, in addition to all available remedies of the law,Broker shall be entitled to equitable relief including a fee equal to 10% of the purchase price in the event of said breach by Prospect.1Michele Realty, Inc7. Upon signing this agreement, Broker will provide Prospect information on one or multiple properties and/or businesses. This agreement shall be fully applicable and in force for any business, real estate, and/or assets presented to Prospect by Broker for a period equaling the longest term authorized by state law wherein theProspect’s services and efforts are being contracted for, but in no event will this agreement be for less than one (1)year from the greater of (i) the date of this agreement or (ii) for as long as Broker is entitled to earn a commission from Seller, whichever is less. This agreement shall survive the closing or sale of any business, real estate, and/or assets offered to Prospect, and shall be binding on Prospect’s heirs, successors and/or assigns.8. This agreement shall be governed by and is subject to the laws of the State of where the Property being marketed is located, and/or where the Prospect’s services and efforts are being contracted for. If any provision is found unenforceable or invalid there under it will not invalidate or render the remaining provisions unenforceable. I acknowledge that I have read the Agreement carefully, fully understand it, and agree to it.
Montana Confidentiality Agreement Terms & Conditions*

Keller Williams Montana Realty (the “Broker”) for the intent of marketing, buying, and/or selling their business, personal property, real estate, and/or assets. Inconsideration of the disclosure of certain confidential information, _____________________________ (“Prospect”)hereby understands and agrees to the following: 1. Prospect agrees to keep all Confidential Information in the strictest confidence and will not disclose the same to third parties except as hereinafter provided. The term “Confidential Information” includes any and all information provided to Prospect by Seller or Broker regarding the operations, interests, financial performance, and/or assets of Seller, and includes information provided through discussion of the operations, interests, financial performance, and/or assets of Seller. 2. Prospect agrees not to disclose any confidential information to any other person who has not also signed this Agreement except to secure the advice and recommendations of those professionals who constitute Prospect’s business advisors and lending institutions who will be directly involved in evaluating the operations, interests, and/or assets of Seller for or on behalf of Prospect. In sharing Confidential Information with said professionals, Prospect agrees to prohibit disclosure of the same by those professionals to any third parties and assumes direct responsibility for enforcing such prohibition and for any breach thereof. Any information which is disclosed pursuant to this agreement shall remain completely confidential until the sooner of: (a) the public disclosure of said information by the party to which the information belongs, or (b) any applicable limitation set forth by law. 3. Prospect agrees it will not in any way contact the landlords, employees, suppliers, customers, or any other person or entity associated with the Seller without the Seller’s prior consent. Any information obtained by Prospect through such authorized contact shall be considered Confidential Information and treated as stated herein. Prospect agrees it will not make copies of any Confidential Information provided herein except with written authorization from Seller. Prospect will immediately notify Broker of any unauthorized releases of Confidential Information. Broker makes no warranty, express or implied, as to the accuracy of said Confidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information and is not responsible for the same. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information, or for any incompleteness in the same which operates to the detriment of Prospect. It is the responsibility of the Prospect to determine the accuracy, or lack thereof, of any Confidential Information provided. 4. Prospect agrees not to use Confidential Information received to its advantage by directly or indirectly competing with Seller. In the event Prospect determines not to purchase the business operations, interests, and/or assets of Seller, all Confidential Information shall be surrendered to Broker upon written request and Prospect will not use, disclose, or disseminate any of said Confidential Information thereafter. 5. Prospect agrees and acknowledges that any breach of this agreement would cause irreparable harm to Seller for which damages will be difficult to ascertain. Therefore, in addition to all available remedies of the law, Seller shall be entitled to equitable relief. Seller and/or Broker shall be entitled to recover from Prospect attorney fees and costs associated with enforcing this agreement. 6. The Prospect hereby further agrees not to circumvent Broker or directly contact, negotiate, or enter into an agreement to acquire property or assets of Seller without working through Broker. Prospect acknowledges that Broker is entitled to equitable compensation for its services and breach of this agreement could compromise Broker’s ability to collect compensation from Seller. Therefore, in addition to all available remedies of the law, Broker shall be entitled to equitable relief including a fee equal to 10% of the purchase price in the event of said breach by Prospect. 1 Keller Williams Montana Realty 7. Upon signing this agreement, Broker will provide Prospect information on one or multiple properties and/or businesses. This agreement shall be fully applicable and in force for any business, real estate, and/or assets presented to Prospect by Broker for a period equaling the longest term authorized by state law wherein the Prospect’s services and efforts are being contracted for, but in no event will this agreement be for less than one (1)year from the greater of (i) the date of this agreement or (ii) for as long as Broker is entitled to earn a commission from Seller, whichever is less. This agreement shall survive the closing or sale of any business, real estate, and/or assets offered to Prospect, and shall be binding on Prospect’s heirs, successors and/or assigns.8. This agreement shall be governed by and is subject to the laws of the State of where the Property being marketed is located, and/or where the Prospect’s services and efforts are being contracted for. If any provision is found unenforceable or invalid their under it will not invalidate or render the remaining provisions unenforceable. I acknowledge that I have read the Agreement carefully, fully understand it, and agree to it.
Oklahoma Confidentiality Agreement Terms & Conditions*

Various Sellers have provided confidential information to Apex Commercial Real Estate Services, LLC. (the Team”) for theintent of marketing, buying, and/or selling their business, real estate, and/or assets. The Team consists of commercial realestate brokers, agents, and assistants associated with Keller Platinum Keller Williams Realty(the “Broker”). In consideration of thedisclosure of certain confidential information, Prospect hereby understands and agrees to the following: Prospect agrees to keep all Confidential Information in the strictest confidence and will not disclose the same to thirdparties except as hereinafter provided. The term “Confidential Information” includes any and all information provided toProspect by Seller or Broker regarding the operations, interests, financial performance, and/or assets of Seller, andincludes information provided through discussion of the operations, interests, financial performance, and/or assets ofSeller. Prospect agrees not to disclose any confidential information to any other person who has not also signed this Agreementexcept to secure the advice and recommendations of those professionals who constitute Prospect’s business advisorsand lending institutions who will be directly involved in evaluating the operations, interests, and/or assets of Seller foror on behalf of Prospect. In sharing Confidential Information with said professionals, Prospect agrees to prohibitdisclosure of the same by those professionals to any third parties and assumes direct responsibility for enforcing suchprohibition and for any breach thereof. Any information which is disclosed pursuant to this agreement shall remaincompletely confidential until the sooner of: (a) the public disclosure of said information by the party to which theinformation belongs, or (b) any applicable limitation set forth by law. Prospect agrees it will not in any way contact the landlords, employees, suppliers, customers, or any other person orentity associated with the Seller without the Seller’s prior consent. Any information obtained by Prospect through suchauthorized contact shall be considered Confidential Information and treated as stated herein. Prospect agrees it will notmake copies of any Confidential Information provided herein except with written authorization from Seller. Prospect willimmediately notify Broker of any unauthorized releases of Confidential Information. Broker makes no warranty, expressor implied, as to the accuracy of said Confidential Information and is not responsible for the same. Prospect, therefore,agrees to hold Broker harmless for any inaccuracies in such Confidential Information and is not responsible for thesame. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information, or forany incompleteness in the same which operates to the detriment of Prospect. It is the responsibility of the Prospect todetermine the accuracy, or lack thereof, of any Confidential Information provided. Prospect agrees not to use Confidential Information received to its advantage by directly competing with Seller. In theevent Prospect determines not to purchase the business operations, interests, and/or assets of Seller, all ConfidentialInformation shall be surrendered to Broker upon written request and Prospect will not use, disclose, or disseminate anyof said Confidential Information thereafter. Prospect agrees and acknowledges that any breach of this agreement would cause irreparable harm to Seller for whichdamages will be difficult to ascertain. Therefore, in addition to all available remedies of the law, Seller shall be entitledto equitable relief. Seller and/or Broker shall be entitled to recover from Prospect attorney fees and costs associatedwith enforcing this agreement. The Prospect hereby further agrees not to circumvent Broker or directly contact, negotiate, or enter into an agreementto acquire the property or assets of Seller without working through Broker. Prospect acknowledges that Broker is entitled Nebraska Confidentiality and Non Circumvention Agreement 1 of 2 to equitable compensation for its services and breach of this agreement could Compromise Broker’s ability to collect compensation from Seller. Therefore, in addition to all available remedies of the law, Broker shall be entitled to equitable relief including a fee equal to 6% of the purchase price. Upon signing this agreement, Broker will provide Prospect information on one or multiple properties and/or businesses. This agreement shall be fully applicable and in force for any business, real estate, and/or assets presented to Prospect by Broker for a period of 1 year from the date of this agreement or for as long as Broker is entitled to earn a commission from Seller, whichever is less. This agreement shall survive the closing or sale of any business, real estate, and/or assets offered to Prospect, and shall be binding on Prospect’s heirs, successors and/or assigns. Furthermore, if Seller terminates the listing with Keller Williams Lincoln and re-lists with a different brokerage than this Confidentiality and Non Circumvention Agreement becomes null and void. This agreement shall be governed by and is subject to the laws of the State of Oklahoma. If any provision is found unenforceable or invalid there under it will not invalidate or render the remaining provisions unenforceable. I acknowledge that I have read the Agreement carefully, fully understand it, and agree to it.
Nebraska Confidentiality Agreement Terms & Conditions*

Various Sellers have provided confidential information to Apex Commercial Real Estate Services, LLC. (the Team”) for theintent of marketing, buying, and/or selling their business, real estate, and/or assets. The Team consists of commercial realestate brokers, agents, and assistants associated with Keller Williams Lincoln (the “Broker”). In consideration of thedisclosure of certain confidential information, Prospect hereby understands and agrees to the following: Prospect agrees to keep all Confidential Information in the strictest confidence and will not disclose the same to thirdparties except as hereinafter provided. The term “Confidential Information” includes any and all information provided toProspect by Seller or Broker regarding the operations, interests, financial performance, and/or assets of Seller, andincludes information provided through discussion of the operations, interests, financial performance, and/or assets ofSeller. Prospect agrees not to disclose any confidential information to any other person who has not also signed this Agreementexcept to secure the advice and recommendations of those professionals who constitute Prospect’s business advisorsand lending institutions who will be directly involved in evaluating the operations, interests, and/or assets of Seller foror on behalf of Prospect. In sharing Confidential Information with said professionals, Prospect agrees to prohibitdisclosure of the same by those professionals to any third parties and assumes direct responsibility for enforcing suchprohibition and for any breach thereof. Any information which is disclosed pursuant to this agreement shall remaincompletely confidential until the sooner of: (a) the public disclosure of said information by the party to which theinformation belongs, or (b) any applicable limitation set forth by law. Prospect agrees it will not in any way contact the landlords, employees, suppliers, customers, or any other person orentity associated with the Seller without the Seller’s prior consent. Any information obtained by Prospect through suchauthorized contact shall be considered Confidential Information and treated as stated herein. Prospect agrees it will notmake copies of any Confidential Information provided herein except with written authorization from Seller. Prospect willimmediately notify Broker of any unauthorized releases of Confidential Information. Broker makes no warranty, expressor implied, as to the accuracy of said Confidential Information and is not responsible for the same. Prospect, therefore,agrees to hold Broker harmless for any inaccuracies in such Confidential Information and is not responsible for thesame. Prospect, therefore, agrees to hold Broker harmless for any inaccuracies in such Confidential Information, or forany incompleteness in the same which operates to the detriment of Prospect. It is the responsibility of the Prospect todetermine the accuracy, or lack thereof, of any Confidential Information provided. Prospect agrees not to use Confidential Information received to its advantage by directly competing with Seller. In theevent Prospect determines not to purchase the business operations, interests, and/or assets of Seller, all ConfidentialInformation shall be surrendered to Broker upon written request and Prospect will not use, disclose, or disseminate anyof said Confidential Information thereafter. Prospect agrees and acknowledges that any breach of this agreement would cause irreparable harm to Seller for whichdamages will be difficult to ascertain. Therefore, in addition to all available remedies of the law, Seller shall be entitledto equitable relief. Seller and/or Broker shall be entitled to recover from Prospect attorney fees and costs associatedwith enforcing this agreement. The Prospect hereby further agrees not to circumvent Broker or directly contact, negotiate, or enter into an agreementto acquire the property or assets of Seller without working through Broker. Prospect acknowledges that Broker is entitled Nebraska Confidentiality and Non Circumvention Agreement 1 of 2 to equitable compensation for its services and breach of this agreement could Compromise Broker’s ability to collect compensation from Seller. Therefore, in addition to all available remedies of the law, Broker shall be entitled to equitable relief including a fee equal to 6% of the purchase price. Upon signing this agreement, Broker will provide Prospect information on one or multiple properties and/or businesses. This agreement shall be fully applicable and in force for any business, real estate, and/or assets presented to Prospect by Broker for a period of 1 year from the date of this agreement or for as long as Broker is entitled to earn a commission from Seller, whichever is less. This agreement shall survive the closing or sale of any business, real estate, and/or assets offered to Prospect, and shall be binding on Prospect’s heirs, successors and/or assigns. Furthermore, if Seller terminates the listing with Keller Williams Lincoln and re-lists with a different brokerage than this Confidentiality and Non Circumvention Agreement becomes null and void. This agreement shall be governed by and is subject to the laws of the State of Nebraska. If any provision is found unenforceable or invalid there under it will not invalidate or render the remaining provisions unenforceable. I acknowledge that I have read the Agreement carefully, fully understand it, and agree to it.
I have read and agree to the Confidentiality Agreement Terms & Conditions
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NDA / Confidentiality Agreement