HT Meagher O’Reilly Limited trading as Knight Frank (“Knight Frank”) will supply to you certain information ("confidential information") concerning the above mentioned property on condition that you undertake to maintain the confidentiality of this material. All information which is supplied to you will be confidential information.
Neither Knight Frank nor the Seller make any warranty or representation as to the reliability or completeness of the confidential information and no legal liability is assumed or to be implied in respect thereof. The confidential information is intended solely for your own limited use in considering whether to pursue negotiations to acquire the above mentioned property; it does not purport to be all inclusive or to contain all the information which a prospective purchaser may require.
In consideration of the supply of confidential information to you, you hereby undertake by countersigning this letter to:-
1. Treat all confidential information as strictly private and confidential and not disclose or discuss it with any individuals whatsoever other than:-
a) Your employees or officers who are required to see the information for the purposes of your evaluation and
b) To your professional advisers and lending banks.
You will ensure that any of the above parties will observe the same restrictions on the use of confidential information as are contained in this undertaking.
2. Use confidential information solely for the purpose of evaluating whether to make a proposal or an offer relating to the above mentioned property and not in any way to the detriment of the owner of the above mentioned property or Knight Frank.
3. Keep all materials containing confidential information in a safe and secure place and in such a way so as to prevent unauthorised access by any third party (including, for the purposes of compliance with relevant Data Protection Laws).
4. Return, on receipt of a written demand from us, all confidential information which is in a physical form (including machine readable form) and destroy or permanently erase all copies made by you which are in your possession or that of your professional advisers and lending banks.
You also agree and undertake that neither you nor any of your officers or employees or professional advisers and lending banks, will make any approach to our client, the senior staff or customers or the above mentioned property without our prior knowledge and authority.
This undertaking is governed by and shall be construed in all respects in accordance with Irish Law.
Your agreement to this letter, by selecting the below tick box, constitutes your acceptance to all of the above agreements and undertakings. This document is valid for one year upon signing.
We hereby accept and undertake to you in the terms set out in the above letter and confirm that the person agreeing to this form of acceptance has been duly authorised.
Without prejudice to any other rights and remedies, you acknowledge that, in certain circumstances, damages would not be an adequate remedy for the breach of this Agreement and the Seller and Knight Frank shall be entitled to seek the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this Agreement (and/or to procure that you seek such reliefs from any other third party to whom the confidential information has been disclosed) and that no proof of special damages shall be necessary for the enforcement of this Agreement.