Business Plan Confidentiality Statement

Business Plan Confidentiality Statement-85
This agreement contains the entire understanding between the parties with respect to the matters contemplated by this agreement and supersedes all prior written or oral communications, negotiations, understandings or agreement of any kind with respect to such matters.No amendment or modification of this agreement shall be effective unless made or agreed to in writing.This Confidentiality Agreement (Short Form) to protect business plan is designed primarily for the entertainment industry.

This agreement contains the entire understanding between the parties with respect to the matters contemplated by this agreement and supersedes all prior written or oral communications, negotiations, understandings or agreement of any kind with respect to such matters.No amendment or modification of this agreement shall be effective unless made or agreed to in writing.This Confidentiality Agreement (Short Form) to protect business plan is designed primarily for the entertainment industry.

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In connection with the consideration of a possible negotiated transaction between you and all entities whose information is available on FNEX and/or one or more of its subsidiaries, affiliates or divisions, (collectively the “Parties"), the Parties hereto contemplate the transfer of certain confidential information.

This Agreement is mutually binding upon the Parties as to each provision.

You hereby acknowledge that you are aware, and that you will advise such directors, officers and employees who are informed as to the matters which are the subject of this confidentiality agreement, that the United States securities laws and regulations prohibit any person who has received from an issuer material, non-public information concerning such issuer from purchasing or selling securities of such issuer or from communicating such information to any other person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell such securities.

If you receive a request to disclose or are required to disclose all or any part of the information contained in the Confidential Information (by oral questions, interrogatories, requests for information or other documentary subpoena, civil investigative demand or other processes), you shall, to the extent permitted by law (i) immediately notify the Company of the existence, terms and circumstances surrounding such a request or requirement, (ii) consult with the Company on the advisability of taking legally available steps to resist or narrow such request, and if requested by Company, resist such disclosure or portions thereof at Company's expense and under Company's direction, and (iii) if disclosure of such information is required, exercise your best efforts to obtain an order or other reliable assurance that confidential treatment will be accorded to such portion of the disclosed information which the Company so designates.

You understand that neither the Company nor any of its directors, officers, employees, representatives or advisors has made or makes any representation or warranty as to the accuracy or completeness of the Confidential Information, however, Company will use reasonable efforts to provide accurate and complete Confidential Information.

You agree that neither the Company nor any of its directors, officers, employees, representatives, or advisors shall have any liability to you or any of your representatives or advisors resulting from the use of the Confidential Information.You agree you will not disclose the existence of your discussions with Company of a possible negotiated transaction without Company’s express written consent to such disclosure.You agree you will not discuss with or offer to any third party a participation in the possible negotiated transaction.You also agree that you will pay all costs and reasonable attorneys' fees incurred by Company in the event of your breach or threatened breach of this confidentiality agreement.Your obligations under this confidentiality agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana applicable to contracts made and to be wholly performed in Indiana.Hereinafter, for purposes of this Agreement the term “Company” shall refer to the party furnishing certain confidential information and “you” shall refer to the party that received or will receive from the Company certain confidential information.As a condition of being furnished that information, you shall treat any and all information concerning the Company (whether prepared by the Company, its advisors or otherwise, and whether written or oral) which has been or will be furnished to you by or on behalf of the Company or any affiliate thereof whether in writing or oral, or whether received directly or indirectly, (collectively "Confidential Information") in accordance with the provisions of this confidentiality agreement and shall take or abstain from taking certain other actions herein set forth.Without limitation, the term "Confidential Information" includes (i) financial statements, financial data and financial information regarding the Company, its financial conditions and the results of its operations, (ii) Company’s materials, reports, plans, analyses, financial projections, documents, drawings, machines, writings, samples, studies, compilations, tools, models, devices, business plans, strategies, customer information, marketing and proposal information, financial and rate information, personal information, and the terms and provisions of the Company's leases, (iii) the tax returns of the Company, and (iv) all analyses, compilations, excerpts, forecasts, summaries, studies, or other documents prepared by you or your Representatives which contain or relate to information about the Company and/or your interest in the Company.You hereby confirm that you are aware that the Confidential Information is confidential and you shall respect its confidential nature, hold the Confidential Information in trust, and take normal and reasonable precautions to maintain such confidentiality so that none of the Confidential Information, except as otherwise provided herein, will be divulged to any other party.You agree you will not directly or indirectly contact or communicate with any executive or employee of Company, any customer of Company, or any vendor of Company, without in each such instance the express advance written consent of Company, which Company may grant or withhold in its sole discretion.You agree you will not hire or solicit for employment any key employee of Company for a period of one (1) year.

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Comments Business Plan Confidentiality Statement

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