1. The Recipient acknowledges that upon expressing its interest in the Businesses listed by New Century Real Estate & Business Brokers (“New Century”) and at its request, certain financial and other confidential information pertaining to the Businesses (any such information and/or documents hereinafter known as “the Information”) were provided by New Century to the Recipient.

2. The Recipient further acknowledges and agrees that:- (a) all the Information were provided to New Century by the owner of this Businesses and/ or the Premises (“the Owner”); (b) no investigation or due diligence on the Information has been carried out by New Century and New Century does not guarantee the validity or accuracy of the Information; and (c) New Century has strongly recommended the Recipient to carry out its own due diligence and to consult a qualified professional (accountant, financial advisor, solicitor) before signing any agreement to purchase.

3. The Recipient hereby undertakes:- (a) to keep the Information in strictest confidence; (b) to use the Information solely for the purposes of evaluating the opportunity offered by the Owner, whether it be to purchase the Business and/ or the Premises; (c) to discuss the Information only with, or disclose the Information only to, professional advisors of the Recipient who have agreed to be bound by this confidentiality undertaking; (d) not to discuss the Recipient’s interest in the Owner or the Business or the Premises offered by the Owner with the Owner’s landlords, suppliers, customers, employees or with any other party;

4. The Recipient makes this undertaking in favour of and for the benefit of the Owner and New Century, either of whom may enforce its terms and/ or recover damages for its breach; and submits to the jurisdiction of the Victorian Courts and the applicability of Victorian law to this undertaking.

5. If the Recipient is a proprietary company or a body corporate, the signatory and all the directors and shareholders of the Recipient shall be bound by this confidentiality undertaking and will be personally liable to the Owner and New Century for its breach.

6. The term Recipient shall mean the person or person’s entity or entities respectively described and if there is more than one recipient they shall be bound jointly and severally hereunder.

7. The Recipient is aware that generally the Owner pays the commission to the agent. However, in the event that the recipient tries to avoid the agent and privately purchase any of the business/es introduced by New Century within twelve months from the date hereof, the recipient agrees to pay New Century the commission stated on the authority entered with the Owner.

8. On signing this agreement, you consent New Century to use of your personal information in accordance with Privacy Policy, consent to the receipt of emails from New Century containing information and offers about our new business listings. Should you wish not to receive such information, please email us and we will take you off from the list.

9. Recipient acknowledges that this Agreement and Undertakings will apply to the businesses listed in this Agreement and any other businesses enquired by the recipient and /or any businesses introduced to Recipient by New Century to in later days.