You have requested that we provide certain information with respect to your due diligence of a proposed client relationship. We appreciate your request and are providing you with the Investor Presentation for the EMMES New York Real Estate Strategies Fund. This information is confidential and proprietary information of EMMES. You agree to maintain this information in strict confidence, to use it solely for the purpose of determining the desirability of a proposed client relationship, and to not duplicate, download, reproduce or disclose it to any person other than your representatives who have a commercial reason to review this information on your behalf, unless required by applicable law. Any person who you provide this information too shall be subject to professional or ethical standards to maintain this information in strict confidence or agree and acknowledge an obligation of confidentiality under an appropriate agreement.
You agree that money damages would not be a sufficient remedy for any breach of the terms herein and that in addition to all other remedies EMMES will be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach.
If you are requested in any judicial or administrative proceeding or by any governmental or regulatory authority to disclose any of the information disclosed herein you will give EMMES prompt written notice of such request so that EMMES may seek an appropriate protective order.
You acknowledge that the information that we are providing:
- is not a solicitation or offer for any securities or our services as an investment adviser,
- should be considered by you in the context of all of the solicitation materials that we provide to you, including information disclosed in our Form ADV,
- is subject to amendments, supplements and other modifications, and
- is not subject to representations and warranties, except to the extent provided in the definitive agreements regarding the investment or advisory services provided by EMMES.
Providing this information does not bind you or us to any transaction or further negotiations with respect to any transaction.
This electronic consent constitutes an agreement interpreted under the laws of the State of New York.
Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This paragraph shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction or seeking injunctive relief.