CVS

Confidentiality Agreement

CONFIDENTIALITY AGREEMENT This Confidentiality Agreement ("Agreement") is made this 24th day of March, 2023, by and between tbd ("Owner"), and ("Recipient"), having an address at 3825 S. Noland Road , Independence, MO 64055. (Owner and Recipient are hereinafter sometimes referred to collectively as the "Parties" and individually as a "Party"). R E C I T A L S: WHEREAS, the Parties may engage in or are currently engaged in discussions concerning a potential transaction relating to that certain retail shopping center located at 3825 S. Noland Road , Independence, MO 64055 which is commonly known as "CVS" (the "Property"); and WHEREAS, in connection with such discussions, Owner anticipates that Owner may provide Recipient with certain confidential and/or proprietary information of Owner; and WHEREAS, the Parties further recognize and acknowledge that the Confidential Information (hereinafter defined) is valuable, proprietary, special and unique and that protection of this information is of critical importance to Owner in maintaining its competitive position. NOW, THEREFORE, for and in consideration of the premises and mutual agreements set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Acknowledgment of Confidentiality. Recipient recognizes and acknowledges that during the course of discussions or negotiations relating to the potential sale of the Property by Owner to Recipient ("Potential Transaction"), Owner may deliver to Recipient certain written or printed confidential and/or proprietary business information, including, but not limited to, rent rolls and operating statements for the Property (collectively, "Confidential Information"). Recipient agrees that Confidential Information received by it from Owner in the furtherance of the evaluation of the Potential Transaction must (a) be received and maintained in strict confidence, (b) be used only for the purposes of the Potential Transaction, and (c) not be disclosed (except as otherwise permitted herein or required by law or legal process) to any person, firm, corporation, association, organization or other entity of any nature for any reason or purpose whatsoever without the express prior written consent of Owner. Recipient agrees that the foregoing restriction on the use of the Confidential Information, includes, without limitation, Recipient's agreement not to (d) contact any tenant of the Property, (e) contact any vendor or contractor providing services to the Property, or (e) use the financial or rent roll information for comparison of the Property to any other property. 2. Exceptions to Confidential Information. Notwithstanding anything herein to the contrary, no obligation or liability accrues hereunder with respect to Confidential Information, that (a) is or becomes publicly available other than as a result of acts byRecipient or its representatives in violation of this Agreement, (b) is, on the advice of counsel, required to be disclosed by law or by legal process, or (c) is disclosed byRecipient to its necessary agents or representatives in connection with evaluation of the proposed purchase as long as Recipient requires confidentiality with respect to such information. 3. Return of Confidential Information. Recipient must return all Confidential Information to Owner together with all copies thereof on or prior to the earlier of (a) the termination of negotiations for the purchase and sale of the Property by either Party, (b) the expiration or earlier termination of any contract of purchase and sale between the Parties relating to the Property, or (c) 60 days from the date hereof, unless on or prior to such date Owner and Recipient have entered into a formal written contract of sale. 4. Enforcement and Governing Law. In the event of a breach of any of this Agreement by Recipient, Owner shall be entitled to seek such remedies as may be available at law or in equity, including an action for damages, specific performance, injunction, accounting, or otherwise. Owner shall be entitled to recover, as part of its judgment, Owner's attorney's fees and court costs. The laws of the State of Texas govern the terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.

Sign Below *

• Absolute Triple Net Lease – No landlord responsibilities
• Corporate Guaranteed Lease with approximately 9 years remaining
• Upgraded Store – CVS recently renovated the store to include a HealthHub
• Dense Population – over 76,000 residents within a 3-mile radius
• Signalized Intersection - located at the NEC of S. Noland Rd (31,309 VPD) and E. 39th St (9,441 VPD)
• According to Placer, this store is the 2nd most visited CVS out of 70 stores in a 50-mile radius of the site.

This freestanding, 12,475 square foot CVS is situated on 1.30 acres of land. CVS has approximately 9 years remaining on the initial term of the lease, including a rent holiday for the final three years. CVS has 10 additional five-year options. The site is located at the NEC of S. Noland Rd and E. 39th St in Independence, MO ~ 9 miles from Kansas City’s Central Business District.

This CVS benefits from a dense population, with over 76,000 residents within a 3-mile radius increasing to over 160,000 within 5-miles. S. Noland Rd has a traffic count of 31,309 VPD and is .25 miles north of I-70, which carries over 129,000 VPD. Independence has a population of 124,247 and is the fifth largest city in Missouri. This Kansas City suburb is known as the hometown of the U.S. President Harry S. Truman and home to the Truman Presidential Library and Museum. The Kansas City MSA has a population of 2,528,644 residents.

According to Placer foot traffic data, this store is the 2nd most visited CVS out of 70 locations within a 50-mile radius and ranks 5th out of 96 stores in the state of Missouri. Additionally, CVS has upgraded the store with a HealthHub, demonstrating its commitment to the site. The HealthHub is a key component to CVS’s strategic initiative to evolve as a “Health Destination” rather than a corner drugstore. Approximately 10% of CVS stores are upgraded with a HealthHub.