Upon execution of this Buyers' Agency Agreement/Contract and Non-Disclosure/Non-Circumvention Agreement ("Agreement"), I'm the signer below ("Potential Buyer") hereby retains the undersigned broker ("A&M Realty Inc") for a period of time beginning at the execution of this Agreement and ending two years thereafter as Potential Buyer's exclusive limited agent for the purpose of locating real property/businesses, providing information on certain real property/businesses and assisting in the negotiation of acceptable terms and conditions for the purchase of real property/businesses.
Upon execution of this Agreement, A&M Realty will deliver to Potential Buyer information on the real property and businesses Potential Buyer requests as well as the real property and business A&M Realty believes would be an acceptable property/business for the Potential Buyer including, but not limited to, the following properties/businesses: all and any business or real estate properties shared by A&M Realty Inc list that was provided and will be provided to a potential buyer or posted on Stlbroker.net website or Bizbuysell, Bizquest, LoopNet, Costar, Crexi, Mls, or any advertisement website shown to the potential buyer by A&M Realty Inc.
The delivery of any information pursuant to this Agreement is subject to the following terms, covenants and conditions:
Potential Buyer warrants that it has not had any discussions or dealings regarding the real property/businesses that are the subject of this Agreement with any other broker, finder or agent other than A&M Realty Inc. Potential Buyer further warrants that for a period of three years from the date of this Agreement it will not circumvent this agreement by attempting to surreptitiously or secretly signing a contract or purchasing real property/businesses which were introduced to Potential Buyer pursuant to this Agreement.
Potential Buyer acknowledges that A&M Realty Inc is entitled to a commission for its services as provided herein and agrees that A&M Realty Inc shall be paid such commission as follows:
Potential Buyer agrees to indemnify A&M Realty Inc from any and all damages sought by any party, including but not limited to the owner of any real property/business in which Potential Buyer is introduced pursuant to this Agreement, including claims that said owner was damaged by the sharing of information to Potential Buyer pursuant to this Agreement.
In the event Potential Buyer breaches this Agreement and A&M Realty Inc is forced to engage legal counsel to enforce its rights under this Agreement, whether such engagement includes litigation or engagement of legal counsel outside of litigation, Potential Buyer shall be liable for the payment of A&M Realty Inc costs related to engagement of such legal counsel, including all reasonable attorney's fees, and any other costs associated therewith, including litigation costs.
This Agreement cannot be amended or changed unless done so in writing and with the approval of both parties. In order for any amendment to be effective, it must be executed by both Potential Buyer and A&M Realty Inc.
Potential Buyer acknowledges and agrees that this Agreement can be executed electronically via a form submitted through email or completed online. Potential Buyer further acknowledges that by executing this Agreement electronically and submitting the form electronically, Potential Buyer need not execute this form in any other fashion and that such execution shall be as valid as an original signature.