First NameLast Name, herein, known as PROSPECT acknowledges and agrees that PROSPECT approached Gas Stations USA herein known as BROKER, and that BROKER was the first to advise PROSPECT of the availability of and details concerning the following business opportunities and real properties:
ALL PROPERTIES SENT VIA E MAIL, FAXED OR HAND DELIVERED.
PROSPECT understands and agrees that all dealings concerning said business opportunities will be handled through BROKER. AT CLOSING BROKER WILL BE PAID A FEE BY THE SELLER. PROSPECT further agrees that information received with respect to the above mentioned opportunities will be kept in strict confidence, will not be used to compete with the seller and that the PROSPECT shall not disclose this information to any person, excluding those parties specifically involved in the transaction itself and the PROSPECT’S sole purpose in seeking information about the business. In the event that PROSPECT violates this confidentiality covenant or any other covenant herein with respect to one or more seller(s), both BROKER and said seller(s) shall be entitled to all remedies provided by law including, but not limited to, injunctive relief and damages. Broker shall be deemed to include all and any other brokers with whom Gas Station s USA is co-brokering.
All data on business opportunities are provided for information purposes only. No representation is made by BROKER as to the accuracy of the data provided. BROKER encourages PROSPECT to thoroughly review and independently verify to PROSPECT’S own satisfaction that the data provided is substantially representative of the business activity of the seller and can be relied upon when considering the purchase of said firm. PROSPECT acknowledges that PROSPECT has been advised to seek the independent counsel of an attorney and/or an accountant to verify the information supplied to BROKER by seller and to examine any and all applicable documentation relevant to the transaction.
In the event that PROSPECT discloses the availability of said designated business opportunity to any party to which the prospect has an interest in and this other party purchases the business without the BROKER, then PROSPECT, in addition to the remedies specified herein above, will also be responsible for the payment of the BROKER’S commission.
PROSPECT agrees that he will not within two years from this date deal directly or indirectly with the SELLER without the BROKER’S written consent and should the PROSPECT do so and a sale, lease, or other financial arrangement, including leasing the Seller’s premises from the Seller or Landlord is consummated, the PROSPECT shall be liable, jointly and severable, with the Seller to the BROKER, for all and any damages which the BROKER may suffer including but not limited to the commission which would have been payable on the listed selling price or minimum commission whichever is greater.
This contract shall be governed by the laws of the State of Florida and the parties and the Broker specifically agrees to submit any controversy or claim arising out of or relating to this Contract, or the breach thereof, to resolution by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (A.A.A.). A judgment upon any award rendered by the arbitrators shall be entered by a court having subject matter jurisdiction therein and all parties expressly waive any challenge to the use of arbitration in accordance with this Paragraph. The parties hereto agree that jurisdiction and venue for the entry of judgment upon said arbitration award shall be in Volusia County, Florida. The arbitrators are directed to award the expenses of the arbitration, including required travel and other expenses of the arbitrators and any representatives of the arbitrators’ costs, the costs and charges of the American Arbitration Association, all reasonable attorney’s fees and costs to the prevailing party in the arbitration. In such an event, no action shall be entertained if filed more than one year subsequent to the date of cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
The Seller shall be deemed to be a party to this document insofar as needs be.
An email confirmation or a facsimile copy of this document and shall be construed as originals.