DISCLAIMER, RELEASE, INDEMNITY & CONFIDENTIALITY AGREEMENT
As material inducement and an essential condition to Centillion Realty, LLC. providing you the accompanying information and by use of the information you and your clients for yourselves and anyone holding or claiming by, through, or under you, agree to the following:
(1) The information contained herein or communicated to you verbally or otherwise by Centillion Realty, LLC. or from any other source is provided as an accommodation to you and your client in order to facilitate your examination of the property described herein. Centillion Realty , LLC. does not guarantee the completeness or accuracy of the information of the information contained herein or otherwise supplied to you and expressly disclaims any duty, warranty, or representation, express or implied, related to this or any other information or the property described herein. It is your responsibility to independently confirm the accuracy and completeness of this and any other information and determine the suitability of the property.
(2) Centillion Realty, LLC. represents the Seller and shall have no duty to you or anyone claiming, by through, or under you to make any inspection or disclosure. You and your clients must perform whatever tests and investigations are necessary to determine the suitability and condition of the property. You and your clients, for yourselves and anyone claiming or holding by, through, or under you, agree to release, indemnify, hold harmless, and defend Centillion Realty, LLC. and its representatives from any claim, liability, or loss which may occur directly or indirectly from any failure to disclose any information or your use of this and any other information or the property whether or not such loss, cost, or damage may result in whole or in part from any theory of strict liability or the negligence of Centillion Realty, LLC. or their representatives.
(3) You and your clients agree to hold all information concerning the property confidential and use it solely in connection with your independent evaluation of the purchase of the property and not for any other reason. If any information is used by you or anyone gaining information from you for any other purpose, then you, for yourself and anyone holding by, through, or under you, agree to indemnify Centillion Realty, LLC, the Seller, and their successors and assigns for any and all losses, costs, and damages, which result directly or indirectly from, such prohibited use, including without limitation legal costs, consequential damages, and lost profits.
(4) This information may not be duplicated or redistributed without the written consent of Centillion Realty, LLC. The original and copies, excerpts, summaries, or other information derived here from must be returned upon request by Centillion Realty, LLC.
If any of the foregoing terms and conditions is not unconditionally satisfactory to you, then return this information to Centillion Realty, LLC, without duplicating, copying, or in any other manner using any portion thereof. This agreement shall survive the return of the information and shall be binding upon our permitted successors and assigns. The declaration that any portion of this agreement is void or is unenforceable shall not affect the other provisions hereof.
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