Information
and / or documentation (Information) relating to any company, restaurant,
and/or location (Facility) listed below and furnished to Purchaser
by National Restaurant Associates (Broker) has not been previously
presented to or made available to Purchaser except through Broker.
Purchaser
will not disclose any Information to anyone without prior consent
of Broker.
Purchaser will not enter into any correspondence, meeting, negotiation
or agreement relating to any such Facility, except through Broker.
Purchaser
further acknowledges that the Information provided by Broker has been
compiled by the Seller and that Broker has not conducted any independent
investigation, verification or evaluation of the Information provided
to Purchaser.
Broker
offers no warranty or representation concerning the accuracy of Information.
Purchaser
agrees to rely solely upon Purchaser's own independent inquiry relating
to any such Facility, to be conducted prior to closing.
Professional Fee:
Purchaser agrees that:
Broker
will be paid its Professional Fee by the seller/lessor/lender/bankruptcy
trustee (Seller) should the Purchaser or any client or affiliated
or related party or entity of Purchaser buy, lease, manage, invest
in, lend to, be employed by or otherwise come into possession or constructive
control of any such Facility.
Payment
shall be in a sum equal to Broker's Professional Fee in effect at
time of closing.
Purchaser
agrees that obligation for the payment of Professional Fee by the
Seller be included in any agreement which Purchaser, or any associate
or affiliate of Purchaser, enters into with Seller as it relates to
such Facility.
Purchaser
further agrees to affirmatively cause the Professional Fee to be paid
by Seller to Broker at closing. Following such payment, Purchaser
will have no obligation or liability for the payment of any Professional
Fee to Broker.
Purchaser
will not close on any transaction on any such Facility, or on any
other Facility introduced by Broker to Purchaser regardless of whether
a Confidentiality Agreement was executed for that Facility, until
Seller pays Broker its Professional Fee.
The
purchaser represents and warrants that they have the power and authority
to enter into this agreement.
