This Confidentiality Agreement between Restaurant Realty Associates ("RRA"), and the Undersigned ("Interested Party") agrees that The Undersigned is hereby receiving confidential information ("Listings") on available businesses and/or properties. The Undersigned hereby agrees to the following terms and conditions:

1. The undersigned hereby represents that it is acting on behalf of itself as a principal. The undersigned understands that although "RRA" will utilize its best efforts in assisting him/her, the Seller(s) has engaged the services of Restaurant Realty Associates and "RRA" has a fiduciary relationship with the seller only.

2. All information, oral or written, are the Seller's confidential and proprietary information and shall not be disclosed to any party and shall be maintained and kept strictly confidential. The "Interested Party" is not permitted to speak with any employee of a listed property or business unless authorized by the Seller.

3. It is agreed and committed that the fact a listing is for sale shall not be discussed with any other party or disclosed to any municipal, county or state governmental official or Agency. The undersigned hereby assumes full responsibility for himself or any associate to the compliance of the terms of this agreement.

4. All information received by the "Interested Party" shall remain the property of the Seller and will immediately be returned upon request by the Seller or any of his representatives.  No copies or reproductions of any type are permitted unless permission is granted in writing by  the Seller.

5. All communications and further inquiries shall only be through "RRA" regarding any and all listings that have been or may be introduced to the undersigned. Any attempt to breach this mutual understanding or to circumvent an "RRA" agreement with the seller shall be actionable at law for interference with said agreement. The undersigned prospective purchaser or associates hereby agrees not to purchase any business or properties introduced to them by “RRA” within eighteen months of the date herein unless RRA receives the commission from the seller. Should undersigned or associates purchase through any agent, company, corporation or any other person representing them, without the written consent of “RRA”, then they, the undersigned shall be liable for and does hereby guarantee payment of a commission equal to ten percent (10%) of the selling price, payable to Restaurant Realty Associates.

6. All representations and warranties shall be made solely by an Agreement of Sale, prepared by an attorney and agreed to by both Buyer and Seller.

7. Any due diligence shall be performed by the "Interested Party", at its own cost and expense prior to any acquisition, and to the extent the undersigned deems necessary.

8. This agreement shall be governed by the substantive laws of the State of New Jersey. The Undersigned hereby acknowledges receipt of an executed copy of this agreement and further agrees that it shall be binding upon all heirs, administrators, successors and assigns.

10. It is understood and acknowledged by the "Interested Party" that receipt of information regarding the Business and/or Property referred to herein is based upon the conditions of this Confidentiality Agreement and adherence to its terms and conditions.