FURTHER TERMS For a period of three years following the date hereof, Buyer shall not contact Seller's employees, customers, landlords, or suppliers, or otherwise observe or monitor the Business, without Seller's consent; nor shall Buyer directly or indirectly solicit for employment any employees of Seller. Seller and Xxxxxx's successors, and Broker if applicable, are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both Xxxxx and Seller. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. This Agreement shall be construed under and governed by the laws of the State of the State of California. The venue for any action instituted to enforce any terms of the Agreement shall be in the County and State where Seller’s principal placed of business located. Buyer acknowledges that it would be extremely difficult to measure the amount of damages to Seller and/or Broker arising from a breach or threatened breach of any provision of this Agreement, and that money damages would be an inadequate remedy. Seller and/or Broker shall be entitled to temporary and permanent injunctive relief to restrain the Buyer from any such breach or threatened breach. This Agreement may be signed in counterparts and faxed or emailed, and electronic signatures may be considered as originals. If Buyer is a corporation, limited liability company, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and represents and warrants that he or she is duly authorized to do so. In the event of any litigation to enforce this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorneys' fees and court costs, in addition to such other relief as may be awarded. Buyer acknowledges retention of a fully completed copy of this Agreement. If the Owner (Seller) of any respective Business is selling such Business on their own through the EVERGREENGOLD® BizFSBO™ Business for Sale by Owner Advertising Service of Xxxxxxx X. Xxxxx then they are doing so without an agent or broker andarenot represented by an agent, broker, or intermediary, and no agent, broker, or intermediaryis involved on behalf of Buyer, Seller, or any other party. Our agreements with Sellers require that we obtain evidence of financial ability before disclosing the name and location of the business. Please fill out below. If there is some information you cannot disclose, please advise. Your information will be held in strict confidence by Xxxxxx and Seller. Are you currently employed? Yes No | Present Occupation/Business: Current Income/Year: $ Own a business in the past? Yes No | Own a business currently? Yes No | What type?: Previous Occupation(s)/Business(es): Funds for down payment: $ Source(s) of funds: Savings 401K Other Retirement Funds Home Equity Loan Other Your Approximate Net Worth: $ [ASSETS (home, real estate, savings, stocks, etc.) MINUS DEBTS (mortgage, credit cards, car loans, etc.)] ACQUISITION TARGET: Targeted price range $ _ "Owner Benefit" or “Cash Flow” you prefer: $ BUYER: Signature: Date: Individual Name (Printed): _ Title (if applicable): Name of Buying Entity (“Inc.,” “Corp.,” ”LLC,” if any): Email Address: Phone: ( ) - Mailing Address:
