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Business Plan

In connection with possible discussions, NYC Automat Restaurant, LLC (“NYC Automat”), is providing you with its Business Plan. This Business Plan and the information contained therein are non-public, confidential, and/or proprietary in nature (hereinafter referred to as “Information”). In consideration for and as a condition of providing the Information, the undersigned agree that:

1. The Information will be kept confidential and shall not, without the prior written consent of NYC Automat, be disclosed by the receiving party, or by its agents, representatives or employees, in any manner whatsoever, in whole or in part, and shall not be used by it, its agents, representatives or employees, for any purpose other than in connection with evaluating the Business Plan and the underlying business described therein. The receiving party shall be responsible for maintaining the confidentiality of the Information received and for preventing any disclosure thereof by any of its agents, representatives or employees. Moreover, the receiving party agrees to reveal the Information only to such of its agents, representatives and employees who need to know the Information for the purpose of evaluating the Business Plan and the underlying business described therein, who are informed of the confidential nature of the Information and who agree or are otherwise obligated to act in accordance with the terms and conditions of this agreement.

2. Upon termination of any discussions concerning the proposed Business Plan, all copies of the Information will be returned to NYC Automat promptly upon its request.

3. The term “Information” shall not include any portion of the Information which (i) is or becomes generally available to the public other than as a result of a disclosure by the receiving party, its agents, representatives or employees in breach of this Agreement, (ii) becomes available to the receiving party from a source (other than NYC Automat or its agents) which is not, to the knowledge of the receiving party, prohibited from disclosing such information to the receiving party or (iii) was within the possession of the receiving party prior to being furnished to the receiving party by or on behalf of NYC Automat.

4. The parties acknowledge that remedies at law may be inadequate to protect against a breach of this Agreement, and in addition to all other remedies available at law or equity to an aggrieved party or any of its affiliates, each of the parties hereby in advance agrees to the granting of injunctive relief in favor of the aggrieved party or any of its affiliates with respect to any breach by the other of the terms of this Agreement.

5. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey. If the undersigned is in agreement with the foregoing, please sign, date, print your name, and return one copy of this agreement, VIA fax to (732) 505-8307, which will constitute our agreement with respect to the subject matter hereof.

I AGREE | I DONT AGREE