CONFIDENTIALTY AGREEMENT/TERMS OF USE

Transwestern (including its affiliates, subsidiaries, related parties, successors, and assigns, herein after referred to singly and collectively as “Transwestern” has been engaged as the exclusive listing agent (the “Agent”) for the sale of commercial property you may request information on.

The Commercial Property is being offered for sale in an “as-is, where-is” condition and the Seller and the Agent make no representations or warranties as to the accuracy of the information contained on this Site. The Site and the information on this Site include highly confidential information and are being furnished solely for the purpose of review by prospective Purchasers. Neither the available materials, nor any information contained on the Site, are to be used for any other purpose, or made available to any other person without the express written consent of the Seller. Each recipient, as a prerequisite to receiving access to the Sites Evaluation Material, should be registered with Transwestern as a “Registered Potential Investor” or as ”Buyer’s Agent” for an identified “Registered Potential Investor”. The use of this Site and the information provided is subject to the terms, provisions and limitations of the confidentiality agreement furnished by the Agent prior to access of Evaluation Materials on the Site. The Evaluation Materials are being provided solely to facilitate the prospective investor’s own due diligence for which it shall be fully and solely responsible. The Site material is based on information and sources deemed to be reliable, but no representation or warranty, expressed or implied, is being made by the Agent or the Seller or any of their respective representatives, affiliates, officers, employees, shareholders, partners and directors, as to the accuracy or completeness of the information contained on the Site.

Summaries contained on this Site of any legal or other documents are not intended to be comprehensive statements of the terms of such documents, but rather only outlines of some of the principal provisions contained on the Site.  Neither the Agent or the Seller shall have any liability whatsoever for the accuracy or completeness of the information, or any other written or oral communications, or information transmitted, or made available, or any action taken, or decision made by the recipient with respect to the Property. Interested parties are to make their own investigations, projections and conclusions without reliance upon the material contained on the Site. The Seller reserves the right, at its sole and absolute discretion, to withdraw the Property from being marketed for sale at any time and for any reason. The Seller and the Agent each expressly reserve the right, at their sole and absolute discretion, to reject any and all expressions of interest or offers regarding the Property and/or to terminate discussions with any entity at any time, with or without notice.  The Evaluation Material is made subject to omissions, corrections or errors, change of price or other terms, prior sale or withdrawal from the market without notice. The Agent is not authorized to make any representations or agreements on behalf of the Seller.

The Seller shall have no legal commitment or obligation to any interested party reviewing the enclosed materials, performing additional investigation and/or making an offer to purchase the Property unless and until a binding written agreement for the purchase of the Property has been fully executed, delivered and approved by the Seller and any conditions to the Seller’s obligations there under have been satisfied or waived. By taking possession of and reviewing the information contained on the Site, the recipient agrees that:

(a) the Evaluation Material and Site contents are of a highly confidential nature and will be held and treated in the strictest confidence and shall be returned to the Agent or the Seller promptly upon request; and (b) the recipient shall not contact employees or tenants of the Property directly or indirectly regarding any aspect of the Evaluation Materials or the Property without the prior written approval of the Seller or the Agent; and (c) no portion of the enclosed materials may be copied or otherwise reproduced without the prior written authorization of the Seller or the Agent or as otherwise provided in the Confidentiality and/or Registration Agreement executed and delivered by the recipient(s) to Transwestern.

The Seller will be responsible for any commission due to the Agent in connection with a sale of the Property. Each prospective purchaser will be responsible for any claims for commissions by any other broker or agent in connection with a sale of the Property if such claims arise from acts of such prospective purchaser or its broker/agent. Any Buyer’s Agent must provide a registration signed by the prospective investor acknowledging said agentís authority to act on its behalf.