Business Plan Confidentiality Statement

You hereby confirm that you are aware that the Confidential Information is confidential and you shall respect its confidential nature, hold the Confidential Information in trust, and take normal and reasonable precautions to maintain such confidentiality so that none of the Confidential Information, except as otherwise provided herein, will be divulged to any other party.Hereinafter, for purposes of this Agreement the term “Company” shall refer to the party furnishing certain confidential information and “you” shall refer to the party that received or will receive from the Company certain confidential information.As a condition of being furnished that information, you shall treat any and all information concerning the Company (whether prepared by the Company, its advisors or otherwise, and whether written or oral) which has been or will be furnished to you by or on behalf of the Company or any affiliate thereof whether in writing or oral, or whether received directly or indirectly, (collectively "Confidential Information") in accordance with the provisions of this confidentiality agreement and shall take or abstain from taking certain other actions herein set forth.The term "Confidential Information" does not include information which (i) is already in your possession (other than information previously furnished to you by the Company or any affiliate thereof), provided that such information is not known by you to be subject to another confidentiality agreement with or other obligation of secrecy to the Company, or (ii) becomes generally available to the public other than as a result of a disclosure by you or your directors, officers, employees, agents or advisors, representatives, lenders and others associated with you (collectively "Representatives"), or (iii) becomes available to you on a non-confidential basis from a source other than the Company or its advisors, provided that such source is not known by you to be bound by a confidentiality agreement with or other obligation of secrecy to the Company, or (iv) is independently developed by you.Confidential Information shall not be deemed to be generally available to the public or in the public domain merely because any part of any Confidential Information is embodied in general disclosures or because individual features, components, or combinations thereof are now known or become known to the public.No failure or delay by Company 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 further exercise of any right, power or privilege under this agreement.You agree that Company shall be entitled to equitable relief, including injunction and specific performance, in the event of any breach of the provisions of this confidentiality agreement, in addition to all other remedies available to Company at law or in equity.In connection with the consideration of a possible negotiated transaction between you and all entities whose information is available on FNEX and/or one or more of its subsidiaries, affiliates or divisions, (collectively the “Parties"), the Parties hereto contemplate the transfer of certain confidential information.This Agreement is mutually binding upon the Parties as to each provision.Without Company's prior written consent, you will not and you will direct your Representatives not to disclose to any person, including without limitation any employee, customer, landlord, potential customer or other person having business dealings with Company of either the fact that any investigations, discussions, or negotiations are or may take place concerning a possible transaction between you and Company or that you have requested or received Confidential Information from Company or any of the terms, conditions or other facts with respect to any possible transaction, including the status thereof.The term "person" as used in this agreement shall be interpreted broadly to include, without limitation, any corporation, company, partnership, limited liability company, individual or other entity.


Comments Business Plan Confidentiality Statement

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