In connection with certain business negotiations between you and Kimpton Hotel & Restaurant Group ("Kimpton"), you have requested access to certain documents containing information that was developed by Kimpton and which Kimpton considers to be non-public, confidential and proprietary in nature ("Information"). In consideration of Kimpton disclosing this Information to you, you agree that the Information shall be kept strictly confidential and shall be used only for the purpose of these business negotiations. You agree that the Information shall not be disclosed, in whole or part, by you or any of your agents, representatives, consultants or employees ("Representatives") and you agree that you and your Representatives shall not reproduce, disseminate or otherwise memorialize the Information. If you provide the Information to any of your Representatives, you agree that you shall inform them of the terms described herein and you agree to be responsible for any breach of these terms by you or your Representatives and shall defend and indemnify Kimpton from and against any claims, demands, liabilities, losses, causes of action, damages, and costs and expenses (including reasonable attorneys fees) arising from or related to any breach of the terms described herein. The prevailing party in any legal proceeding pertaining to these terms or any unauthorized use of the Information shall be entitled to recover all costs and expenses incurred by such party in such proceeding, including, without limitation, reasonable attorneys' fees.
You acknowledge and agree that Kimpton, nor any of its agents, representatives, consultants or employees, makes any express or implied representation or warranty of any kind or nature as to the accuracy or completeness of the Information none of the foregoing shall have any liability or responsibility of any kind or nature to you or any of your Representatives resulting from the provision of or use of the Information. If you or your Representatives become legally compelled to disclose the Information, you shall promptly notify Kimpton in writing so that Kimpton may seek a protective order or waive compliance with the terms herein.
By accessing this Information you acknowledge that you are agreeing to the above terms and conditions.