46, 54, 56½ John Street Westminster
You have requested that A.J. Billig & Company, LLC (“A.J. Billig”) provide you with confidential financial and operational information in connection with your due diligence examination of the real property, improvements and other interests known as 46, 54, 56½ John Street Westminster (the “Property”) so that you may evaluate the possibility of bidding on the Property.
As a condition of A.J. Billig providing the information you have requested in the past and may request in the future, which may include but may not be limited to leases, financial statements, testing information, property drawings, due diligence information or other documents (hereinafter collectively referred to as the “Property Information”), you agree to treat the Property Information strictly in accordance with the provisions of this Letter Agreement.
As a condition to the delivery of the Property Information, THE UNDERSIGNED SIGNS BELOW TO ACKNOWLEDGE READING THE FOLLOWING TERMS AND CONDITIONS OF SUCH DELIVERY AND AGREES TO BE BOUND THEREBY:
Neither the seller, nor A.J. Billig, nor their respective principals, agents, successors and assigns (collectively the “Selling Parties”), nor any other person connected with this sale makes any representation or warranty of any nature whatsoever with respect to the Property Information, including its content or scope. The Property Information is addressed solely to you and is not intended to be nor can be relied upon by anyone else. The Property Information has been provided as an accommodation to you as a prospective bidder to assist you in your due diligence with respect to the Property and for no other purpose.
The Property will be sold subject to all matters known and unknown, in “AS IS, WHERE IS” condition, without records, representation or warranty. The selling Parties do not make any representations or warranties, either expressed or implied, with respect to the Property, or any tenancies or parties in possession, including, without limitation, the description, use, structural integrity, physical conditions, construction, extent of construction, workmanship, materials, contents, habitability, subdivision, zoning, environmental conditions, compliance with building codes or other laws (such as Americans with Disabilities Act), ordinances, or regulations, fitness for a particular purpose or merchantability of all or any part of the Property.
You, as a prospective bidder, waive and release the Selling Parties from any and all claims you or your agents, successors and assigns may have now or in the future relating to the condition of the Property.
The foregoing provisions supersede any other statement, representation, or warranties with respect to the subject matter made by the Selling Parties, or any other person connected with the condition and/or potential sale of the Property.
You agree that you will utilize the Property Information solely in connection with an evaluation of the merits of a possible bid on the Property. You further agree that the Property Information will be received and maintained in the strictest confidence and will not be revealed, reported, published or otherwise disclosed to any other person, entity or third party without the written consent of the seller or A.J. Billig.
