Request Due Diligence Access

For more information on this property, please contact:

Chelsea Mandel · 516 850 6962 ·
Phil DiGennaro · 203 610 1541 ·

Cap Rate:
Current Rent:
Lease Type:
Triple Net
Lease Term:
20 years
Landlord Responsibilities:
Renewal Options:
Two, 10-Year

Investment Highlights

  • Absolute NNN Lease (No Landlord Responsibilities)
  • New, 20-Year Lease Term to Commence Upon Closing
  • Mission-Critical Facility for Global Garlic and Onion Industry
  • Company is Responsible for Over 65% and 50% of U.S. Garlic and Onion Production, Respectively
  • Tenant is a Public Company with $22 Billion Revenues and $4.7 Billion Market Cap

Request Due Diligence Access

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Non-Disclosure Agreement

CONFIDENTIALITY AGREEMENT This Confidentiality Agreement (“Agreement”) is entered into on the day of 20__________ between (1) OLAM Name OLAM INTERNATIONAL LIMITED Country of Incorporation The Republic of Singapore Address 7 Straits View, Marine One East Tower, #20-01 Singapore 018936 Fax +65 6339 9217 Name Olam West Coast, Inc. State and Country of Incorporation Delaware, U.S.A. Address 205 East River Part Circle, Suite 210 Fresno, California 93720 Fax +1 559 408 7513 and (2) Recipient Name [Full legal name] Country of Incorporation [Country] Address [Address] Fax [Fax] BACKGROUND (A) The Recipient wishes to obtain from OLAM information that is confidential to OLAM related to a possible transaction involving OLAM’s processing and facility (“Proposed Transaction”). (B) OLAM has agreed to disclose Confidential Information to the Recipient on the terms of this Agreement. 1. DEFINITIONS For the purposes of this Agreement, the following capitalized terms shall have the following meaning when used herein: Affiliate in respect of a specified person means a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the person specified; Business Day a day (other than a Saturday, Sunday or public holiday when the banks in Singapore and in the United States are open for business; Confidential Information means: (a) any communication, documents or other information (whether on computer disk, visual presentation or otherwise) provided directly or indirectly by OLAM or its representatives to the Recipient, its Affiliates or its Representatives, including documents (if any), irrespective of whether it was provided before or after the signing of this Agreement; (b) any and all information (in whatever form communicated or maintained, whether orally, electronically or documentary, computer stored or otherwise), which contains or otherwise reflects information concerning OLAM or its Affiliates or their respective shareholders or their respective business, affairs, financial or other condition or position, assets, liabilities, operations, prospects or activities, and specifically includes, without limitation, financial information, budgets, forecasts, engineering reports, environmental reports, evaluations, legal opinions, names of shareholders, names of joint venture partners, information concerning operations, staff and management, maps, land information and related property reports; (c) the fact that parties are in discussion, Confidential Information may be or has been provided to the Recipient, its Affiliates or its Representatives, as well as and the existence and contents of this Agreement; and Representative means any director, officer, employee, agent, financier or professional adviser of the Recipient or an Affiliate of the Recipient to whom the Confidential Information has been disclosed under the terms of this Agreement, all under the Recipient’s responsibility and liability for the purpose of this Agreement. 2. CONFIDENTIALITY 2.1 Treatment of Confidential Information In consideration of OLAM making Confidential Information available to the Recipient, the Recipient undertakes to: (a) maintain the Confidential Information secure and in strict confidence; (b) not to disclose (or allow to be disclosed) to any third party or publish (or allow to publish) Confidential Information, without the prior written consent of OLAM; (c) to use best efforts to prevent the use or disclosure of the Confidential Information save as permitted in this Agreement; (d) not to assist others to exploit or use the Confidential Information for any purpose; (e) to segregate all material containing Confidential Information from all material of any third party and keep all material containing Confidential Information in a safe and secure place or those of its advisors and maintain or procure are maintained adequate security measures to safeguard Confidential Information from unauthorized access, use and misappropriation; (f) to use best efforts to ensure that its Representatives and Affiliates who will only receive the Confidential Information on a “need to know” basis for the purpose of this Agreement act in strict accordance with the obligations set out in this Agreement; (g) not to make any copies of Confidential Information unless with the prior written consent of OLAM; (h) inform OLAM immediately on becoming aware, or suspecting, that an unauthorized person has become aware of Confidential Information. 3. LIMITATIONS 3.1 The provisions of this agreement do not extend to any of the Confidential Information which: (a) is in or becomes part of the public domain other than as a direct or indirect result of a breach by the Recipient of this Agreement; (b) can be demonstrated by the Recipient to the reasonable satisfaction of OLAM to have been rightfully known by or lawfully in the possession of the Recipient before disclosure by OLAM to the Recipient without violating any of Recipient’s obligations under this Agreement; (c) can be demonstrated by the Recipient to the reasonable satisfaction of OLAM to have been developed by the Recipient independently, without reference to any information provided by or otherwise obtained from OLAM, its Affiliates or sub-contractors and without violating any of Recipient’s obligations under this Agreement; or (a) is required by any law or any order of any court, tribunal, authority, regulatory body or stock exchange to be disclosed, provided the Recipient informs OLAM of the full circumstances and the information that will be disclosed and consult with OLAM as to possible steps to avoid or limit disclosure. 4. NO REPRESENTATION, WARRANTY, RIGHTS OR LICENSE 4.1 Except as may be set forth in any further definitive agreements or their affiliates, the Recipient acknowledges that OLAM does not make any express or implied representation or warranty as to the accuracy or completeness of the Confidential Information, and that OLAM shall not have any liability pursuant to this Agreement resulting from the use of the Confidential Information for the purpose of this Agreement. Recipient agrees that it is not entitled to rely on the accuracy or completeness of the Information and that it shall be entitled to rely solely on the representations and warranties made to it in any definitive agreement regarding the Proposed Transaction. 4.2 Nothing in this Agreement shall be construed as granting the Recipient, expressly, by implication, estoppel or otherwise, any license under or any right to utilize: (a) any proprietary information received from OLAM, except the limited right to use such information for evaluating the Proposed Transaction as provided by this Agreement; or (b) any patent, trademark, trade secret or copyright now or hereafter owned or controlled by OLAM. 5. RETURN OR DESTRUCTION OF CONFIDENTIAL INFORMATION 5.1 Return or destruction If requested by OLAM in writing the Recipient and its Representatives must, within 5 Business Days or receipt of such request: (a) return to OLAM all documents containing any Confidential Information, including any derived materials, and any copies of those documents; (b) remove from electronic storage all Confidential Information, including derived materials, copies of the Confidential Information which is combined with other information; and (c) provide OLAM with a certificate signed by a legal representative of the Recipient certifying compliance with the obligations of this clause 5.1. 5.2 No release No action by the Recipient under clauses 4.1 or 4.2 releases the Recipient or its Affiliates or Representatives from their obligations under this Agreement and shall continue to be bound by its confidentiality and other obligations hereunder and shall not use the Confidential Information in any way or for any purpose other than as permitted by this Agreement. 6. INDEMNITY The Recipient shall (in addition to and without affecting any other rights or remedies OLAM may have), indemnify, and keep indemnified, OLAM, its Affiliates and their respective officers, employees, advisers or agents (each an “Indemnified Person”) from and against all actions, claims, demands, liabilities, damages, losses, costs, charges and expenses (including, without limitation, consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) that an Indemnified Person may suffer or incur in connection with, or arising (directly or indirectly) from, any breach or non-performance by the Recipient, or any person to whom it has disclosed or given access to any part of the Confidential Information, derived materials or copies, of any of the provisions of this Agreement. 7. REMEDIES Without prejudice to any other rights or remedies it may have the Recipient acknowledges and agrees that damages may not be an adequate remedy for any breach of the provisions of this Agreement. Accordingly, OLAM shall be entitled to immediate injunction, specific performance or other equitable relief for any threatened or actual breach of the provisions of this Agreement. 8. TERM OF AGREEMENT The Recipient agrees to fully observe the obligations of confidentiality expressed in this Agreement for three years from the date of receipt of the Confidential Information. 9. MISCELLANEOUS 9.1 Governing law and jurisdiction This Agreement and any disputes or claim arising out of it, or in connection with its subject matter or formation (including non-contractual disputes or claims), are to be governed by and construed in accordance with the laws of California, U.S.A. Each party submits to the exclusive jurisdiction of the federal and state courts in Fresno. 9.2 Amendments This Agreement may only be amended in writing and signed for and on behalf of the parties to it. 9.3 No waiver No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 9.4 Assignment Except as otherwise provided in this Agreement, no party may assign, subcontract or deal in any way with any of its rights or obligations under this Agreement without the consent of the other party, save that OLAM may assign its rights under this Agreement to any of its Affiliates. 9.5 Entire Agreement This Agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. 9.6 Severability If any provision of this Agreement becomes invalid or unenforceable, in whole or in part, the validity or enforceability of the other provisions or other parts of the affected provisions of this Agreement and its validity and enforceability will not be affected. 9.7 Notices Any notice, claim or demand in connection with this Agreement shall be given in writing to the relevant party at the address stated in the preamble of this Agreement (or such other address as its shall previously have notified to the other party). Any notice sent by fax shall be deemed to be received when transmitted to the correct fax number and any notice sent by hand, post or by courier shall be deemed received when delivered. 9.8 Counterparts This Agreement may be entered into in any number of counterparts, all of which taken together shall have the same effect as if each party had signed the same document. 9.9 Costs All costs in connection with the negotiation, preparation, execution and performance of this letter (and any documents referred to in it) and the consideration or evaluation of the confidential information shall be borne by the party that incurred the costs. This Agreement has been entered into on the date stated at the beginning of it. SIGNED by [NAME OF DIRECTOR] for and on behalf of [Recipient] _______________________________ Signature Title: Date: SIGNED by [NAME OF AUTHORISED PERSON] for and on behalf of OLAM _______________________________ Signature Title: Date:
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