Association of Independent Gas Station Owners in Ohio, Kentucky, Indiana, West Virginia, Pennsylvania & Michigan.
Ohio Terminals National Ethanol Plants igsoa Terminal Project Buying Bulk Fuel
Mazut M100,D2,JP54,LPG,LNG

Removing Restrictions
on  Crude Oil Exports
from USA

 

National Terminals E85 Stations in Ohio Daily Rack Prices
Business with or without Real Estate for Sale by Owner

Free Listings

 
Guidelines Confidentiality Fee Agreement

Confidentiality Agreement (NDA)
Contingent to Exhibit-A

THIS AGREEMENT was entered into on this_____________ day of___________________, 2018

By and between:

Client (Buyer) Prospect: ________________________________________________________________________.

Address: ____________________________________________________________________________________.

Phone Number_______________________ Cell Number_________________________.

Fax Number ________________________ Email ______________________________.

hereinafter referred to as the “Client”, and igsoa / petronet / Ohio Petroleum are divisions of (Swairah Network), represented by ____________________________, herein referred to as the “Consultant” for following Business Assignment.

(Details of Assignment / Project are specified on Exhibit_A integrated Part of this Non Disclosure Agreement)

 

Terms of this Confidentiality Agreement

CLIENT HAS REQUESTED certain information concerning the Project # ________________________ (Exhibit-A), hereinafter “Information”, from Brokers / Landlords / Owners / Sellers / Exporters / Importers / Consultants / Third Party Concerned, for the purpose of evaluating a possible acquisition, affiliation, execution, implementation based on job requirement at per Exhibit-A. Owner reserves the right to deliver Information, much of which is highly confidential, only to those who sign this Agreement.

The parties agree, in consideration of the covenants and agreements contained herein, as follows:

  1. Client will not disclose, permit the disclosure of, nor release, disseminate or transfer any information obtained hereunder (“Information”) to any other person or entity, except to those of its agents, representatives and employees who need to know the Information, and who are informed by Client of the confidential nature of the Information, and agree to be bound by the terms of this Agreement.
  2. All information shall be used for the sole purpose of evaluation based on guidelines provided by the "Client" at per Exhibit-A (part of this NDA), and it shall not at any time, or in any manner, be used for any other purpose.
  3. Client agrees that it will make no copies of the Information, and that the Information will be kept confidential and will not be disseminated in written or oral form to any third party without "Consultant's" or "Owner’s" prior written consent, which may be granted or denied at their sole discretion of owners of the information, following Client’s disclosure to "Consultant" of proposed recipient.
  4. Client shall not contact directly any persons concerning the Project / Assignment, other than "Consultant", without "Consultant’s" written permission. Such persons include, without limitation, Owner’s employees, suppliers, Contractors and tenants.
  5. Further, "Client" and its agents, representatives and employees will not volunteer, or disclose in any way, to any person or entity, including Owner’s employees, suppliers, Contractors and tenants or any competition or comparable:

a. that the information has been made available,
b. any notes or summaries of the information,
c. the fact that the Assets may be for sale,
d. that discussions or negotiations are taking place or will take place, or
e. any of the terms or conditions or other facts concerning a
possible Acquisition / Merger or Transfer etc.

6. If Client is a corporation, partnership, limited liability company or other non-natural legal entity, the person (s) signing this Agreement on its behalf will take all appropriate precautions to limit the dissemination of the Information as described above. This Agreement shall be binding upon their respective successors, assigns, heirs and legal representatives, including, without limitation, any corporation or other business entity with which the Client may merge or consolidate or to which they may transfer substantially all of its assets or enter into an acquisition or reorganization transaction.

  1. Client acknowledges that its agents, representatives and employees shall be bound by this Agreement, and any breach thereby shall be deemed a breach by Client.
  2. This Agreement applies to all Information received from "Consultant", now or in the future, which is not readily available to the general public. Client understands that all information shall be deemed confidential, valuable and proprietary such that its unauthorized disclosure, even without intent to harm, could cause substantial and irreparable harm to Owner, Broker and Consultants..
  3. In the event of any breach or threatened breach of this Agreement, Consultant and Owner shall have the right and remedy to institute proceedings to obtain immediate injunctive relief, since such breach or threatened breach may cause irreparable damage to Owner and Consultant, for which monetary damages would not provide an adequate remedy. Nothing in this agreement shall be construed to limit other remedies available to Consultant and Owner, and the breaching party shall be liable for all costs of enforcement of the terms of this Agreement, including, without limitation, court costs and reasonable attorney’s fees.
  4. Client acknowledges that it is a principal and not an agent on behalf of any other party.
  5. Neither Consultant nor Owner/Broker makes any representations or warranty, express or implied, as to the accuracy or completeness of any Information provided by them. Client assumes full and complete responsibility for reconfirmation and verification of all Information received and expressly waives all rights of recourse against Owner, Broker and Consultant with respect to the same, and agrees to hold Consultant and Owner/Broker harmless from any and all claims arising out of delivery of the Information to Client.
  1. The Persons signing on behalf of Client represent that they have the authority to bind the parties for whom they sign.
  2. This Agreement shall be governed and construed in accordance with the laws of the State of Ohio, with venue exclusively in the state court in Montgomery County.
  3. Client acknowledges that Swairah Network is the exclusive Representative and Consultants of the Client within the scope of Assignment specified at per Exhibit-A (part of this NDA). "Client, jointly and severally, indemnify Consultant and Owner/broker against any fee claims by any broker. Client further acknowledges that Consultant will not pay a commission/fee or compensation of any kind, to anyone who is, acts as, or has an interest of any kind or nature whatsoever, whether contingent or vested, direct or indirect, oral or written, in the Client, and further acknowledges that in this contemplated transaction, the Consultant is acting as the agent of the Client and, in the event of a sale, lease, transfer, merger, or development, shall be paid a fee based on the agreement between the "Client" and the "Consultant".

 

Client Signature_____________________________________ Print Name : ___________________________

Company / Organization Name : ____________________________ Title : _____________________________

Dated : ___________________________________________

(Accepted BY) Consultant Signature: ________________________ Print Name : _______________________

Dated: ___________________

 

- EXHIBIT-A

CONSULTANTS

Ohio Petroleum Organization LLC
P.O. Box 750575
Dayton, OH 45475

Tel: (937) 470-9400
email:
info@ohiopetroleum.org / web: www.ohiopetroleum.org

 

 

Questions or problems regarding this web site should be directed to [support@igsoa.net].
Copyright © 2012 [Ohio Petroleum Organization LLC]. All rights reserved.
Last modified: 01/22/17.