Confidential Agreement
​
The BVK Pension Fund of the Canton of Zurich (hereinafter referred to as "BVK") intends to sell the property Centre Commercial du Lignon (CCL) located at Place du Lignon 1-11, 13-45 in 1219 Vernier, parcels 4320 & 2592 (hereinafter referred to as the "TRANSACTION"). The undersigned (here- inafter referred to as the "INTERESTED PARTY") is interested in reviewing this TRANSACTION and wishes to receive certain confidential information regarding the property.
​
In this context, the INTERESTED PARTY agrees to the following:
All information and any documents or materials (whether oral, written, electronic, or in any other form) that have already been provided or will be provided to the INTERESTED PARTY in connection with the intended TRANSACTION (including the fact that the TRANSACTION is being evaluated by BVK and/or the INTERESTED PARTY) (collectively referred to as the "CONFIDENTIAL INFORMATION") shall be treated as strictly confidential and may not be disclosed or made accessible to third parties. CONFIDENTIAL INFORMATION also includes reports, analyses, or similar materials that contain or are derived from CONFIDENTIAL INFORMATION.
​
Disclosure to the INTERESTED PARTY’s employees, advisors, or other agents is permitted only to the extent that such persons require the information for the purpose of evaluating the TRANSACTION and are bound by the same confidentiality obligations as set forth in this document. The INTERESTED PARTY shall ensure ongoing compliance with these confidentiality obligations by all internal and external parties involved.
​
The CONFIDENTIAL INFORMATION may only be used for the purpose of evaluating the TRANSACTION and for no other purpose.
The INTERESTED PARTY agrees to take all necessary organizational and technical measures to prevent unauthorized disclosure, use, or access to the CONFIDENTIAL INFORMATION.
​
Should the INTERESTED PARTY decide not to pursue the TRANSACTION or not be awarded the TRANSACTION, they are obliged to return or destroy all documents and materials containing CONFIDENTIAL INFORMATION (including electronic documents). The obligation to maintain confidentiality shall remain in effect thereafter.
​
The INTERESTED PARTY shall be liable to BVK for any breach of this confidentiality obligation by themselves or by any employees, advisors, or agents to whom they have disclosed or made the CONFIDENTIAL INFORMATION accessible. The INTERESTED PARTY shall inform BVK without delay of any known breach of confidentiality. In the event of a breach, BVK shall be entitled to claim both injunctive relief and damages.
​
The INTERESTED PARTY acknowledges and agrees that:
​
-
No express or implied representations or warranties are made with respect to the CONFIDENTIAL INFORMATION. BVK accepts no liability for the accuracy, completeness, or correctness of the CONFIDENTIAL INFORMATION. Only express warranties or representations contained in a notarized purchase agreement shall be binding.
-
The provision of CONFIDENTIAL INFORMATION does not constitute an offer and does not create any special rights for the INTERESTED PARTY. BVK reserves the right to amend or terminate the sales process at any time without prior notice or negotiation, until a binding purchase agreement is signed. Any reimbursement of finder’s fees, brokerage commissions, or similar fees to brokers, agents, or other intermediaries of the INTERESTED PARTY, as well as advisor fees, is expressly excluded.
-
All matters relating to this confidentiality undertaking shall be governed by substantive Swiss law (excluding its conflict of law rules). Any disputes, disagreements, or claims arising out of or in connection with this confidentiality undertaking, including its validity, invalidity, breach, or termination, shall be subject to the exclusive jurisdiction of the ordinary courts of the City of Zurich.
​
The Candidate will contact exclusively spg partner in relation to the Transaction or to obtain any information relating to the Transaction. For all enquiries in relation to the Transaction, the Candidate may contact:
Sandra Claudia Andres – Head of Capital Markets
Alexandre Azar – Senior Consultant Capital Markets
​​
Thalia Giannopoulos – Consultant Capital Markets