Non-Disclosure Agreement (NDA) – Project Silverstone

Confidentiality and Non-Disclosure undertaking

Project Silverstone

1. BACKGROUND

1.1 The company I represent, as identified by the information entered in the text fields on the project page, including its corporate ID number (the “Interested Party”), has expressed an interest in Project Silverstone (the “Project”).

1.2 In connection to the discussions regarding the Project, the Owners and the Seller´s advisor (Colliers) will make available to the Interested Party certain Confidential Information (accessed via this website and directly via Colliers).

1.3 By reason of the circumstances above, the Interested Party commits to follow what is stipulated in this confidentiality and non-disclosure undertaking (the/this ”Undertaking”).

2. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE

2.1 For the purposes of this Undertaking confidential information means all non-public information (whether written, electronic, oral or in any other form) supplied to the Interested Party or the Interested Party´s advisors by the Owners or Colliers in connection with the Project, including the fact that the Owner is considering an execution of the Project and the existence, status and content of any discussions or negotiations relating thereto (the ”Confidential Information”).
2.2 The Interested Party undertakes to keep the Confidential Information strictly confidential and not to disclose it, neither directly nor indirectly, to any person other than the Interested Party´s representatives and professional advisors who require such information for the sole purpose of evaluating the Project .

2.3 The Interested Party commits to ensure that the Interested Party’s representatives and advisors, or any other person to whom the Confidential Information is properly disclosed to in accordance with this Undertaking, enters into a confidentiality and non-disclosure agreement equally extensive as this Undertaking.

2.4 The Interested Party commits to not use the Confidential Information for any other purpose than the execution of the Project.

2.5 The Interested Party shall not, without the prior written consent of the Owner or Colliers, contact any tenants, authorities or other third parties in relation to the Project.

3. PERMITTED DISCLOSURE

Notwithstanding the provisions of this Undertaking, disclosure of Confidential Information may be made to the extent required by applicable law, regulation, court order or decision of a competent authority, provided that, to the extent legally permissible, the Interested Party (i) gives the Owner prior written notice thereof, and (ii) cooperates with the Owner to limit such disclosure to the minimum required.

4. RETURNING OR DESTROYING THE CONFIDENTIAL INFORMATION

As soon as practicable, and in any event within ten (10) working days, after receipt of a written notice from the Owners with such a request, or if the Interested Party ceases to pursue the Project, the Interested Party shall either return or destroy all Confidential Information received in connection with the Project.

Confidential Information stored on electronic systems shall be permanently deleted to the extent technically possible, save for information required to be retained pursuant to mandatory law.

5. RETURNING OR DESTROYING THE CONFIDENTIAL INFORMATION

The Interested Party shall be liable to the Owner for any direct damage, loss, cost or liability arising out of or in relation to any breach of this Undertaking by the Interested Party or Interested Party’s representatives or advisors.

6. VALIDITY

This Undertaking shall enter into force upon signing until the earlier of i) 24 months from the signing, or ii) the date of completion of the Project pursuant to a definitive agreement between the Interested Party and the Owners.

7. DISPUTE

This Undertaking shall be governed by and construed in accordance with Swedish law.
Any dispute, controversy or claim arising out of or in connection with this Undertaking shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The seat of arbitration shall be Stockholm, Sweden, and the language of the arbitration shall be Swedish.