Disclosure

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YODER & ASSOCIATES REALTY, INC. 

NON DISCLOSURE / NON-CIRCUMVENTION /HOLD HARMLESS

 The undersigned hereby agrees, in consideration of the mutual covenants contained in theattached contract, not to disclose or discuss to any third party and to keep completely confidential all names, of any corporation, organization, individuals or groups of individuals introduced by Yoder & Associates Realty, Inc.   The undersigned further agrees not to disclose any information learned about the businesses to any third party, including employees, customers, suppliers or other prospective buyers.  The information and or records about these businesses obtained by the undersigned are confidential and shall not be used by you for competitive use in business, present and future.  It is understood that information disclosed to others could cause a loss of business and create injury to employee / employer relationships.

 The undersigned agree that the Broker, or its agent, in bringing buyer (s) and seller (s) together, has fulfilled its primary brokerage function and that buyer (s) agree to hold Broker, its agents and attorneys harmless from liability arising out of the sale of businesses discussed with buyer (s).

 The undersigned understand that they are not responsible for the Broker’s commission unless otherwise agreed to in a Buyer’s Agent Agreement. However, should the undersigned release any information about the businesses without going through the Broker, the undersigned agrees to pay a consideration to Yoder & Associates Realty, Inc., and amount equal to the actual commission due the Broker.  This agreement shall remain in force for a period of 365 (three hundred sixty five) days.

 The undersigned or his representative further agrees, promise and pledge that neither it nor any principals, officers, or agents shall circumvent and further shall not make any contact directly or indirectly or attempt to otherwise deal with any sources being revealed by Yoder & Associates Realty, Inc., without the written permission of Yoder & Associates Realty, Inc.  Should any circumvention result in a sale, merger or exchange of the business property in question, the undersigned agree to pay as consideration an amount equal to the actual commission due Broker.

 Please accept our most sincere appreciation for your selection of our brokerage service.  The transaction, which you are contemplating, will naturally involve a variety of financial statements and legal documents that bear significantly on your decision.  Our firm does not intend to represent that any of the financial statements or any other material or information supplied by the seller or its agent have been inspected, verified, or approved by us.  It is because we recognize the significance of this data that we recommend an independent certified audit by an accountant of your choice.  In addition, for your protection, we request that your legal counsel be available to assist you throughout the transaction.  Further, no representation as to the condition of any structure, fixture or system is implied.  It is requested that certified inspectors or engineers be employed to ascertain the condition of such structure, fixture or system.

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