Multifamily CA with Brokers Firm

[Saravanan Arunachalam]

Is it ok to sign this confidentiality agreement with multifamily brokerage firm?

It is agreed that, the undersigned is acting as a principal and either: A) had no dealings, negotiations, or consultations involving the Property with any broker or agent other than C&W or B) will be responsible for any fees or commissions due to any broker acting as the Buyer’s Agent and neither C&W nor Seller shall have any obligation to pay any commissions or fees to any such broker. It is agreed that money damages would not be a sufficient remedy for any breach of this agreement and that the Seller shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach. Such remedy shall not be deemed to be the exclusive remedy for breach of this agreement but shall be in addition to all other remedies available at law or in equity to the Seller. You expressly agree that the Seller is a third party beneficiary hereunder and all of the terms and conditions herein shall inure to the benefit of the Seller. The confidentiality obligations of this agreement shall remain in effect for a period of one (1) year from the disclosure of the Material to you. The validity of this agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Florida, without regard to conflict of law principles. Exclusive jurisdiction for any litigation arising out of this agreement or its subject matter shall only be any federal or state court in the State of Florida, to whose jurisdiction the parties hereby subject themselves. In any such proceeding, the parties hereby waive any objection to forum including, without limitation, any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum. It is further agreed that should it become necessary to enforce this agreement in any forum, the prevailing party shall be entitled to reasonably attorney’s fees, together with all costs of said enforcement action. It is understood and agreed that no failure or delay by C&W or the Seller in exercising any right, power or privilege under this agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or future exercise of any right, power, or privilege hereunder. You acknowledge that the Property has been offered for sale subject to withdrawal from the market, change in offering price, prior sale or rejection of any offer because of the terms thereof, lack of satisfactory credit references of any prospective purchaser, or for any other reason whatsoever, without notice. You acknowledge that the Property is being offered without regard to race, creed, sex, religion, or national origin. Brokers: By executing this Confidentiality Agreement you are in agreement that there is no co-broke fee being offered on this transaction. Therefore, your Buyer will be solely responsible for your fee.