Blue Water Marina Ltd (“the Owner”) of Blue Water Marina, South End, Thorne, Doncaster, DN8 5QP ('the Marina’) is prepared to release confidential information on the property and business of the Marina, subject to your agreement to:
1. Treat such information as being strictly private and confidential and take all precautions to maintain its status as such.
2. Use and apply the information solely for the purpose of evaluating the business.
3. Not at any time to discuss or otherwise make available to any third party any of the information other than:
a) to those of your officers and employees who are required by you in the course of (and solely for the purpose of) such evaluation to receive and consider the information; and
b) to your professional advisers
and you agree that any such disclosure is on the basis that such officers, employees and advisers are made aware of and accept the strict provision of this undertaking.
4. Provided always that your obligation under the above paragraphs shall not apply to any Information:
a) which is public knowledge at the date of disclosure to you by Crosthwaites or subsequently has become public knowledge through no act or failure to act on your part; or
b) which is known to you at the date of disclosure as evidenced by your written records; or
c) which is required to be disclosed by law, a rule of a stock exchange on which your shares are listed or traded, or a governmental authority or other authority with relevant powers.
5. Upon the receipt of a written demand from Crosthwaites or the Owner, return any information received together with any copies of documents, literature etc. on your or in your professional advisers' possession.
6. That no approaches of any kind will be made by you, or any of the officers of your company, to the staff or customers in relation to the Marina without the Owner’s prior knowledge and authority.
This undertaking is governed by and shall be constructed in accordance with English Law.
