New Whataburger Ground Lease | Double Drive-Thru

Confidentiality Agreement

This Confidentiality Agreement will confirm the mutual understandings of the Undersigned and Owner of Record in connection with NAI Earle Furman, LLC, dba Furman Capital Advisors, LLC and its client (hereinafter referred to as "Protected Parties") providing proprietary information on the requested property (hereinafter called the “Property”) to the Undersigned:

“Information” means all data, reports, records, materials, lease expirations, lease rates or other lease information obtained from Furman Capital Advisors, LLC which is not in the public domain. Information is not meant to include information which: a) at the time of the disclosure is in the public domain; b) after disclosure becomes part of the public domain through no act or omission by the undersigned; c) as shown by written records was prior to disclosure in the possession of the undersigned; d) is rightfully received by the undersigned from third parties who were entitled to receive such information; or e) is obligated to be disclosed pursuant to applicable law, regulation or legal process.

The information is being furnished solely in connection with the consideration of a potential transaction involving the undersigned and shall be treated as “secret” and “confidential” and no portion of it shall be disclosed to others, except to those employees, agents, clients, and customers of the undersigned whose knowledge of the Information is required for use to evaluate that certain real estate as a potential acquisition and who shall assume the same obligations as the undersigned under this Agreement.

It is understood that the Protected Parties are the beneficiaries whose rights are being protected and may enforce the terms of this Confidentiality Agreement as if they were a party to the Agreement.

All information furnished shall be promptly returned or destroyed should there be no interest in that certain real estate acquisition, or otherwise disposed of as directed by the Protected Parties.

It is understood that the Protected Parties makes no representations or warranty as to the completeness or accuracy as to any information.

It is understood that by furnishing this information that the Protected Parties are not agreeing to enter into a transaction regarding the property.

By electronically signing, you represent and warrant to the other parties that (a) You have read, understand and consent to the agreement (“Agreement), (b) all information that you provide is complete and accurate, and (c) you own or have all rights and authority necessary to enter into and perform under the Agreement.