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Confidentiality Undertaking

You will appreciate that material given to you in this letter or to be given to you by us or by any Snap Franchisee (in relation to the operation of their particular franchise), is confidential. Therefore, in consideration of Snap Franchising Ltd or any Snap Franchisee (“Snap”) now or in future providing you with documents and information concerning either the business of Snap Franchising, or the business of any particular Snap Franchise,(“the Confidential Material”) to enable you to consider the acquisition of a Snap franchise, you are required to agree as follows:
1. That the Confidential Material is owned by either Snap Franchising Ltd or the particular relevant Snap Franchisee.
2. You will only use the Confidential Material for the purpose of examination with a view to becoming a Snap Franchise Owner.
3. You will not without the prior consent in writing of Snap Franchising Ltd or the particular relevant Snap Franchisee (as the case may be), divulge or publish any part of the Confidential Material other than to your professional advisers to whom it shall be necessary for the purpose set out in paragraph 2 hereof.
4. You will take all steps necessary to ensure that your professional advisers to whom the Confidential Material is properly disclosed will observe the requirements of confidentiality set out in paragraph 3 hereof.
5. You will only make such copies of the Confidential Material as are necessary for the purpose set out in paragraph 2 hereof.
6. In the event that you elect not to become a Snap Franchise Owner, you will:
6.1 return the Confidential Material and any copies thereof to Snap Franchising Ltd and or the particular relevant Snap Franchisee; and
6.2 not in any way use the information contained in the Confidential Material.
7. The provisions set out in paragraphs 2, 3, 4, and 5 hereof will not apply to any Confidential Material disclosed by Snap Franchising Ltd to you or the particular relevant Snap Franchisee which:
7.1 at the time of disclosure is in the public domain;
7.2 after disclosure is published or otherwise becomes part of the public domain other than by your actions;
7.3 you can show was in your possession at the time of disclosure, was not acquired by you directly or indirectly from Snap Franchising Ltd or the particular relevant Snap Franchisee; or
7.4 you show was received by you after the date of disclosure by Snap Franchising Ltd or the particular relevant Snap Franchisee, from a third party who did not acquire it directly or indirectly from Snap Franchising Ltd or the particular relevant Snap Franchisee
8. You acknowledge that the provisions set out in this Confidentiality Undertaking may be enforced by the owner of the Confidential Information being either Snap Franchising Ltd or the particular relevant Snap Franchisee (as the case may be).
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