COM 0888.000 2004-2006 - Laserfiche WebLink

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Reference Date: April 12, 2006 Tenant's Initials: Landlord's Initials: 29) CONFIDENTIALITY A. Confidentiality Obligation: V The parties shall keep confidential each of the provisions of this Letter of Intent. ? Tenant shall keep confidential all information Tenant obtains from Landlord about the Premises, the building in which the Premises are located, and the Project. ? Landlord shall keep confidential all information Landlord obtains from Tenant about Tenant's financial condition, business strategy, plans, or marketing information. a. Exceptions to Confidentiality Obligations: The parties' obligations of confidentiality shall be subject to the following exceptions (I) if and to the extent the information is already a matter of public knowledge; (2) if and to the extent the information is acquired totally apart from the other party or its employees, agents or representatives; (3) if such disclosures as may be necessary to the disclosing party's broker, lender, attorney, accountant, and space planner (collectively, "Permitted Confidants") on the condition that such party shall require each of its Permitted Confidants to keep that information confidential; and (4) if such disclosures as are required by law or by any litigation between the parties hereto with respect to the Premises, the building in which the Premises are located, or the Project on the condition that prior to making any disclosures required by law, the disclosing party shall give the other party as much notice thereof as is legally permitted, along with a copy of the proposed disclosure. c. Binding Effect of Confidentiality Obligations: The foregoing duties of confidentiality shall survive this Letter of Intent and continue until the Weather of (a) the date the lease contemplated hereby is fully executed and delivered, or (b) one year from the date of this Letter of Intent; OR ? sol DISCLAIMER Neither CCIM nor any attorneys employed by CCIM to prepare this form shall be liable in any manner whatsoever to any person for any inaccuracies or omissions in this form or in the use of this form. Persons using this form are advised to consult an attorney, engineer, architect, accountant, or other appropriate professional for advice. a> EXECUTION OF THIS LETTER OF INTENT A. Faxed Signatures: Faxed signatures shall be acceptable to both parties for this Letter of Intent. B. Acceptance: If Landlord and Tenant do not execute this Letter of intent by 5:00 p.m. HST on April 19. 2006 , this Letter of Intent shall be null and void. 32) AGENCY DISCLOSURE A. Landlord's Broker: Landlord is represented by the company (and all its licensees and salespeople), if any, identified on page 1 above ("Landlord's Broker"). a. Tenant's Broker: Tenant is represented by the company (and all its licensees salespeople), if any, identified on page I above ("Tenant's Broker"). c. Additional Disclosures: Clark Really 11-1 agent on this transai:Uon o. Acknowledgement by Landlord and Tenant: By initialing below, Landlord and Tenant acknowledge that oral or written disclosure of such representation was provided to them and that they have read and understand the agency disclosure set forth in A through C above and the disclaimers set forth in E and F below. Landlord's Initials: Tenant's Initials: E. Written Disclosures: Landlord's Broker and Tenant's Broker specifically disclaim any responsibility for, and Landlord and Tenant acknowledge that they shall not rely upon, any disclosures made by either Landlord's Broker or Tenant's Broker about the Premises or the other party unless such disclosures are in writing and signed by the broker making the disclosure. r. No Specialized Advice: Landlord's Broker and Tenant's Broker strongly recommend that the parties consult an attorney, architect, accountant, building contractor, environmental specialist, or other appropriate professional for further assistance in gathering and analyzing information about the Premises and/or the other party and specifically disclaim any responsibility for providing such specialized advice. C 2000 HAWAII CCIM. ALL RIGHTS RESERVED. Any unauthorized copying, transmission, display, uploading, distribution or Page 7 adaptation is strictly prohibited and Will result in liability of up to $150,000. Permission to photocopy denied.