SOLUTIONS MANAGEMENT GROUP, INCORPORATED

CONFIDENTIALITY AGREEMENT & DISCLOSURE

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Cupertino, California


CONFIDENTIALITY AGREEMENT & DISCLOSURE

The material contained in this website and/or offering memorandums is confidential and furnished solely for the purpose of considering real estate and/or consulting services and is not to be used for any other purposes or made available to any other person without the express written consent of Solutions Management Group, Incorporated.  Interested parties should be aware that Property offered for sale is sold in "AS IS" CONDITION WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE.  Prior to and/or contracting to purchase, as appropriate, Buyer will be given a reasonable opportunity to inspect and investigate Property and all improvements thereon, either independently or through agents of the Buyer's choosing and expense.  In addition to the first sentence of this paragraph, but without limiting the generality thereof, Buyer shall be entitled to evaluate (a) the quality, nature, adequacy and physical condition of the Property including, but not limited to, the structural elements, foundation, roof, appurtenances, access, landscaping, parking facilities and the electrical, HVAC, plumbing, sewage, utility systems, facilities and appliances, and (b) the quality, nature, adequacy and physical condition of soils, ground water and geology, and (c) the existence, quality nature, adequacy and physical condition of utilities serving the Property, and (d) the development potential of the property, its habitability, merchantability, fitness, suitability, or adequacy of the Property for any particular purpose, and (e) the zoning of the legal status of the Property, and (f) the Property or operational compliance with applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental, quasi-governmental entity or any other person or entity, and (g) the quality of any labor and materials furnished at or to the property and (g) the compliances of the Property with any environmental protection, pollution, or land use laws, rules, regulations, orders or requirements including, but not limited to, those pertaining to handling, generating, storing, or disposing of any hazardous materials, or the Americans with Disabilities Act, and (h) except as expressly provided otherwise in an executed contract of sale, the condition of title and the nature, status and extent of any right-of-way, lease, right of retention, possession, lien, encumbrance, license, reservation, covenant, restriction, and any matter or matters affecting the title.  The Buyer shall, in Buyer's sole judgement, define, direct, supervise and control the scope of inquiry.  Inquiry topics and/or conditions referenced in this disclosure are not intended to be all-inclusive or exhaustive as to property conditions and/or findings.  Although the Seller and Seller's predecessors may have performed work, or contracted for work performed by third parties in connection with the Property, the Seller and its agents shall not be responsible to Buyer or any successor on account of any errors or omissions or construction defects of such predecessors and/or third parties.  The Seller reserves the right to withdraw the Property being marketed at any time without prior notice, to reject all offers, and to accept any offer without regard to the relative price and terms of any other offer.  Any offer to buy must be (a) presented in the form of a non-binding letter of intent; (b) incorporated in a formal written contract of purchase and sale to be prepared by the Buyer and executed by both parties; and, (c) approved by Seller and such other parties who may have an interest in the Property.  Neither the prospective Buyer nor Seller shall be bound until execution of the contract of purchase of sale, which contract shall supersede prior discussion and writings and shall constitute the sole agreement of the parties.  Prospective Buyers shall be responsible for their due diligence costs and expenses including all other expenses, professional or otherwise, incurred by them.

The information provided herein and which may be provided with respect to the property being marketed was obtained from a variety of sources.  Neither Seller and/or Solutions Management Group, Incorporated (SMGI) have made any independent investigation or verification of the information presented or to be presented with respect to the property.  Seller and/or Solutions Management Group, Incorporated (SMGI) make no representations or warranties as to the accuracy or completeness of such information.  Recipient acknowledges that it will solely rely upon the results of its own investigations notwithstanding the delivery of these materials.

To ensure confidentiality we request you print a copy of this disclosure and return it to us with your signature affixed.  Upon receipt you will receive a Client ID providing access to privileged areas of our website.  All property showings are by appointment only.

Important Disclosure Information:  Information contained with this website has been compiled to attract new business and/or service existing clients.  We have taken reasonable care to insure our representations and/or content are accurate, however, based on the changing nature of third-party information, we do not guarantee it to be current or accurate at any time including the time of publication.  All of our work, including work products, memorandum, attachments and/or facsimile transmissions are private, privileged and confidential work products.  Solutions Management Group, Incorporated (SMGI) may use "Independent Contractors", at our sole discretion, in the development of opinions or work product.  All documents or information, from any source, are the exclusive property of Solutions Management Group, Incorporated (SMGI) whose use are conditionally granted and revocable at any time with or without prior notice.  Information and data contained within work or work products is deemed substantially accurate ONLY on the date written on the document, but is NOT guaranteed at any time. 
      
We do not represent SMGI is either the most capable or competent company you could engage for services.  There are many highly qualified companies in the industry; many having a better likelihood of success, as to your needs, than SMGI.  We strongly encourage you to carefully evaluate our credentials and experience, in contrast to more qualified service providers, in advance of any agreement.  
   
Nothing contained in this or any other communication constitutes a solicitation, recommendation, endorsement or offer to buy or sell as to any property or service, whether express or implied.
    
Solutions Management Group, Incorporated (SMGI) does not guarantee, evaluate and/or warranty the work, opinion or performance of any other person, independent contractor or company, in any scope or measure, however alleged or defined.  Solutions Management Group, Incorporated (SMGI) does not guarantee, warranty and/or evaluate its own analyses, opinions, intellectual property, work and/or work products, including opinions of any express or implied agents, whether casual or contractual, and/or employees of Solutions Management Group, Incorporated (SMGI), each and/or in total, however determined, and/or if any, and, in any way and/or at any time without exception.  You are strongly encouraged to independently verify our opinions, your own opinions and opinions by third parties, including those of independent agents and contractors, at your sole expense and risk exclusive to you and each of you.
     
All correspondence, including attachments, regardless of content or delivery sequence, are intended only for the use of the named recipient.  Solutions Management Group, Incorporated (SMGI) and any other agent, whether express or implied, however alleged and/or claimed, does not offer appraisal, legal or tax advice and you should not rely upon any opinion, whether express or implied or in any other form, as such advice, whatsoever.  If you need appraisal, legal, tax or any other advise consult a licensed specialist or independent contractor of your choice at your expense.  Only licensed appraisers are qualified to provide estimates of property value.  Estimates of value by any party whether stated, implied or inferred and not licensed as an appraiser, should be independently verified by the benefactor.  The use of any information provided by Solutions Management Group, Incorporated (SMGI), and/or their principals, is revocable without prior notice and by its use you agree you have verified its accurateness, or lack thereof, by an independent party of your choice and expense holding Solutions Management Group, Incorporated (SMGI) and their principals, both in whole and in succession, harmless and indemnified from the outcome of its use under any condition or in any circumstance.  If you are not the intended recipient of information provided, through any means, you are advised that any unauthorized disclosure, copying, distributing, taking any action or reliance upon the information is strictly prohibited.  If you have received correspondence or materials of any kind in error please contact us immediately by telephone to arrange for the return of documents or attachments at our expense.
  
Solutions Management Group Incorporated, Copyright 2010

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