Copyright © 2018 by NonDisclosureAgreement.com
Page 1 of 2
LANDLORD-TENANT NON-DISCLOSURE AGREEMENT
(CONFIDENTIALITY)
1. The Parties. This Commercial Real Estate Non-Disclosure Agreement, hereinafter known as
the “Agreement”, made this ____ day of _____________________, 20___ between:
Potential Tenant: _____________________, hereinafter known as the “Potential Tenant”.
Landlord: _____________________, hereinafter known as the “Landlord”.
Agent (if any): _____________________, hereinafter known as the “Agent”.
Collectively, the above-named persons or entities shall be known as the “Parties”.
2. The Property. In connection with the Potential Tenant’s consideration of a possible lease of
the Landlord’s real estate located at _____________________, City of
_____________________, State of _____________________, hereinafter known as the
“Property, the Parties agree to the following terms and conditions:
3. Genuine Interest. The Potential Tenant is genuinely interested in leasing the Property from
the Landlord.
4. Permitted Use. The Potential Tenant will use the confidential information solely for purposes
of evaluating the Property.
5. Confidential Information. The Potential Tenant acknowledges that all information and
materials furnished from the Landlord or Agent concerning the Property is confidential and may
not be used for any purpose other than the Potential Tenant’s evaluation for a possible lease.
Access to any information furnished by the Agent or Landlord will be limited to attorneys,
accountants, financial representatives, and business advisors directly involved with the
Property.
6. Nondisclosure. Landlord, Potential Tenant and Agent all agree not to disclose to any other
person or business entity the fact that any discussion or negotiations are taking place with
respect to the Property, including any business located therein, or the actual or potential terms,
conditions or facts involved in any such discussions or negotiations.
7. Discretion. Potential Tenant agrees not to contact the Property or Business employees,
suppliers, or customers except through the Agent or Landlord. Potential Tenant further agrees
not to circumvent or interfere with the Agent’s listing agreement with the Landlord in any way.
8. Binding Effect. This Agreement shall be governed and construed in accordance with the
laws of the State of _____________________ and shall survive the closing of any Agreement
between Potential Tenant and Landlord for a period of _____________________ from the date
of said closing or if the information becomes publicly available, whichever occurs first. The word
“Closing” shall include notification of non-interest on the part of Potential Tenant as well any
successful transaction between Potential Tenant and Landlord.
Copyright © 2018 by NonDisclosureAgreement.com
Page 2 of 2
9. Cost of Enforcement. In the event either party commences a judicial action to enforce the
provision of this Agreement, the prevailing party in such action shall be entitled to recover, in
addition to such other amounts as may be permitted by law, all costs and expenses incurred by
it in the prosecution of defense of such action, including reasonable attorneys’ fees.
10. Warranty. If the Agent is providing the confidential information, the Agent does not
guarantee, warrant, either expressed or implied, any information and/or figures supplied by the
Landlord. Potential Tenant should rely on their own verification of this information as a part of
their due diligence.
11. Reproduction Prohibited. No copies shall be made or retained of any written information
supplied to Potential Tenant by the Landlord. At the conclusion of any discussion, negotiation or
upon demand by the Landlord, all information, including notes, photographs, financial
statements, or any other details released to the Potential Tenant, shall be returned to the
Landlord or Agent. Any information shall not be disclosed to any employee or consultant unless
they agree to execute and be bound by this agreement.
Potential Tenant’s Signature _______________________________ Date _______________
Print Name _____________________
click to sign
signature
click to edit