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The Owner has engaged Commerce CRG of Nevada, LLC dba Cushman & Wakefield Commerce (Commerce) to exclusively represent them on the sale of the Properties. All inquiries and communications with respect to the sale of Properties are to be directed to Commerce. Contents being supplied by Commerce are intended solely for the limited use and benefit in determining whether you desire to express any further interest in the purchase of the Properties.
Supplied documents contain selected information pertaining to the Properties and does not purport to be all-inclusive or to contain all of the information that prospective purchasers may desire. It should be noted that all information provided is for general reference purposes only in that they are based on assumptions relating to the general economy, competition, and other factors beyond the control of Ownership and, therefore, are subject to material variation. Additional information and an opportunity to inspect the Properties will be made available to interested and qualified prospective purchasers. Neither Ownership nor Commerce nor any of their respective officers, have made any representation or warranty, expressed or implied, as to the accuracy or completeness of any of the contents, and no legal commitments or obligations shall arise by reason of the supplied content or financial statements.
It is essential that all parties to real estate transactions be aware of the health, liability and economic impact of environmental factors on real estate. Commerce does not conduct investigations or analyses of environmental matters and, accordingly, urges its clients to retain qualified environmental professionals to determine whether hazardous or toxic wastes or substances (such as asbestos, PCB’s and other contaminants or petroleum chemical products stored in underground tanks) or other undesirable materials or conditions are present at the Properties and, if so, whether any health danger or other liability exists. Such substances may have been used in the construction or operation of buildings or may be present as a result of previous activities at the Properties.
Various laws and regulations have been enacted at the federal, state and local levels dealing with the use, storage, handling, removal, transport and disposal of toxic or hazardous wastes and substances. Depending upon past, current and proposed uses of the Properties, it may be prudent to retain an environmental expert to conduct a site investigation and/or building inspection. If such substances exist or are contemplated to be used at the Properties, special governmental approvals or permits may be required. In addition, the cost of removal and disposal of such materials may be substantial. Consequently, legal counsel and technical experts should be consulted where these substances are or may be present.
Ownership and Commerce expressly reserve the right, at their sole discretion, to reject any or all expressions of interest or offers, including full price offers, to purchase the Properties and/or terminate discussions with any entity at any time with or without notice. Property tours will be conducted by appointment only. Ownership shall nave no legal commitment or obligation to any entity reviewing this Offering Memorandum or making an offer to purchase the Properties unless and until a written commitment or purchase the Properties has been fully executed, delivered, and approved by Ownership and any conditions to Ownership’s obligations there under have been satisfied or waived. If Commerce makes the Principle aware that the property is for sale, either directly or through advertising or marketing, and the Principle elects to use another agent or broker in the acquisition of the property, the Principle shall be responsible for the fee to his agent or broker. The broker cooperation fee split is at the sole discretion of Commerce.
By receipt of the aforementioned content or financials, you agree that the contents are of a confidential nature, that you hold and treat it in the strictest confidence, and that you will not disclose this Offering Memorandum or any of its contents to any other entity without the prior written authorization of Ownership nor will you use any of the content in any fashion or manner detrimental to the interest of Ownership or Commerce.
This confidentiality agreement shall survive the consummation or lack of consummation of the transaction and shall be binding upon its agents, successors, and assigns and insures to the benefit of the Owner and its agents, successors and assignees. This agreement shall remain in force for a period of twelve (12) months from the date hereof.