Confidentiality Agreement

PROPERTY: Any property listed for sale, under contract, or closed on between (“Reviewer”) and Marcus and Millichap Real Estate Investment Services.

Whereas, Owner is disclosing to Reviewer certain confidential information pertaining to business ventures and properties under the authority of the Seller/Landlord; and Whereas, Reviewer acknowledges that these matters and items are being received in confidence; Therefore, Reviewer agrees as follows:

Not to divulge, communicate or disclose, except as may be required by law or for the performance of any agreement entered into by the parties, or use to the detriment of the other, or for the benefit of any other person or persons or misuse in any way, any confidential information or trade secrets concerning the subject matter hereof, including: Tenant Leases and Amendments, Rent Rolls, Operating Statements, Surveys, As-Built Plans, Environmental Reports, Title Policies, Tax Bills, Insurance Bills, Vendor Service Agreements and Warranties, Certificates of Occupancy, Utility Bills, Tenant Delinquency Reports, Financial Instruments affecting the Property, or other information pertinent to the Property. Notwithstanding any other provision hereof to the contrary, this Agreement shall not apply to any information or material to the extent that such information or material:

(a) Was already known by Reviewer at the time that it was disclosed;

(b) Is then or thereafter becomes generally available to the public without any breach of Reviewer confidentiality obligation hereunder; or

(c) Is independently developed by Reviewer

Further, notwithstanding any other provision hereof to the contrary, Marcus & Millichap hereby acknowledges that Reviewer anticipates consulting with professionals and advisors during its due diligence and will provide those professionals and advisors with copies of the confidential information provided by Marcus & Millichap subject to the provisions hereof. Neither this Agreement nor performance by Reviewer hereunder constitutes an offer by Reviewer to purchase, or a solicitation by Reviewer of an offer to sell, any assets.

The information provided has been obtained from sources we believe to be reliable; however, Marcus & Millichap has not verified, and will not verify, any of the information contained herein, nor has Marcus & Millichap conducted any investigation regarding these matters and makes no warranty or representation whatsoever regarding the accuracy or completeness of the information provided.  All potential buyers must take appropriate measures to verify all of the information set forth herein.