Commercial Real Estate Non Disclosure Agreement NDA Template

COMMERCIAL REAL ESTATE NON-DISCLOSURE AGREEMENT
(CONFIDENTIALITY)
1. The Parties. This Commercial Real Estate Non-Disclosure Agreement,

hereinafter known as the “Agreement”, made this ____ day of
_____________________, 20___ between:
Potential Buyer/Tenant: _____________________, hereinafter known as the

“Interested Party”.
Landlord: _____________________, hereinafter known as the “Landlord”.
Agent (if any): _____________________, hereinafter known as the “Agent”.
Collectively, the above-named persons or entities, shall be known as the “Parties”.
2. The Property. In connection with the Interested Party’s consideration of a

possible purchase or lease of the Landlord’s real estate located at
_____________________, City of _____________________, State of
_____________________, hereinafter known as the “Property”, the Parties agree
to the following terms and conditions:
3. Genuine Interest. The Interested Party is genuinely interested in purchasing or

leasing the Property from the Landlord.
4. Permitted Use. The Interested Party will use the confidential information solely
for purposes of evaluating the Property.
5. Confidential Information. The Interested Party acknowledges that all
information and materials furnished from the Landlord or Agent concerning the
Property is confidential and may not be used for any purpose other than the
Interested Party’s evaluation for a possible purchase or lease. Access to any
information furnished by the Agent or Landlord will be limited to attorneys,
accountants, financial representatives, and business advisors directly involved with
the Property.
6. Nondisclosure. Landlord, Interested Party and Agent all agree not to disclose to
any other person or business entity the fact that any discussion or negotiations are
taking place with respect to the Property, including any business located therein, or
the actual or potential terms, conditions or facts involved in any such discussions
or negotiations.
7. Discretion. Interested Party agrees not to contact the Property or Business

employees, suppliers, or customers except through the Agent or Landlord.
Interested Party further agrees not to circumvent or interfere with the Agent’s
listing agreement with the Landlord in any way.
8. Binding Effect. This Agreement shall be governed and construed in accordance

with the laws of the State of _____________________ and shall survive the
closing of any Agreement between Interested Party and Landlord for a period of
_____________________ from the date of said closing or if the information
becomes publicly available, whichever occurs first. The word “Closing” shall
include notification of non-interest on the part of Interested Party as well any
successful transaction between Interested Party and Landlord.
9. Cost of Enforcement. In the event either party commences a judicial action to
enforce the provision of this Agreement, the prevailing party in such action shall
be entitled to recover, in addition to such other amounts as may be permitted by
law, all costs and expenses incurred by it in the prosecution of defense of such
action, including reasonable attorneys’ fees.
10. Warranty. If the Agent is providing the confidential information, the Agent
does not guarantee, warrant, either expressed or implied, any information and/or
figures supplied by the Landlord. Interested Party should rely on their own
verification of this information as a part of their due diligence.
11. Reproduction Prohibited. No copies shall be made or retained of any written

information supplied to Interested Party by the Landlord. At the conclusion of any
discussion, negotiation or upon demand by the Landlord, all information including
notes, photographs, financial statements, or any other details released to the
Interested Party shall be returned to the Landlord or Agent. Any information shall
not be disclosed to any employee or consultant unless they agree to execute and be
bound by this agreement.
Interested Party’s Signature ________________________________ Date

_______________
Print Name _____________________

Commercial Real Estate Non Disclosure Agreement NDA Template

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COMMERCIAL REAL ESTATE NON-DISCLOSURE AGREEMENT

1. The Parties. This Commercial Real Estate Non-Disclosure Agreement,

Potential Buyer/Tenant: _____________________, hereinafter known as the

Landlord: _____________________, hereinafter known as the “Landlord”.

Agent (if any): _____________________, hereinafter known as the “Agent”.

Collectively, the above-named persons or entities, shall be known as the “Parties”.

2. The Property. In connection with the Interested Party’s consideration of a

3. Genuine Interest. The Interested Party is genuinely interested in purchasing or

7. Discretion. Interested Party agrees not to contact the Property or Business

8. Binding Effect. This Agreement shall be governed and construed in accordance

11. Reproduction Prohibited. No copies shall be made or retained of any written

Interested Party’s Signature ________________________________ Date

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