TO PETER BURTON
BURTON CONSTRUCTION & MANAGEMENT, INC
RE; BREACH OF CONTRACT
I hereby write to you and address you as hereunder;
I refer to our Mutual Non-Disclosure & Non-Circumvent Agreement, hereinafter “Agreement” entered into on 11/23/2021. The Agreement’s purpose was to allow for the safe disclosure of confidential or proprietary information between us for our mutual business benefit.
The Agreement bound us not to disclose or allow disclosure, unauthorized spread, use, or publication of confidential information, however disclosed. This includes but is not limited to; information acquired from employees; trade secrets; strategic plans; invention plans and disclosures; customer information; suppliers; software; distribution channels; marketing studies; intellectual property; information relating to process and products, designs, business plans, business opportunities, marketing plans, finances, lending sources, financing sources, research, development, know-how or personnel; confidential information originally received from third parties, information relating to any type of technology and the existence and terms of the Agreement.
We agreed through the Agreement that any confidential information revealed before and after the execution of the Agreement would be protected under the Agreement for 5 years, or longer as allowed by law, after disclosure unless disqualified as being Confidential Information or otherwise stated by law.
We further agreed that the Confidential Information should only be used as agreed upon between us, creating a business relationship, and not for each party’s products or services or that of a third party unless approved by the Disclosing party in writing. We decided to protect each other’s confidential information as though it was ours and no less than the use of reasonable care. Further, we agreed only to share the information on a need-to-know basis. Anyone to whom we shared the confidential information would also be bound to maintain the confidentiality.
As provided in the Agreement, breach of the Agreement would cause significant and irreparable harm that will be hard to quantify, and money damages would be inadequate compensation. The Disclosing Party, therefore, has the right to seek and obtain injunctive relief from the breach in addition to any other rights and remedies it may have from a court of competent jurisdiction.
From the foregoing, the Agreement in part prohibited disclosing confidential information, which you have regrettably and flagrantly breached by releasing our confidential information void of our written consent. Moreover, you directly and in blatant breach of our Agreement contacted the owner in our subject real estate transaction resulting in a loss. In a further violation of the contractual arrangement between us, you have since failed, refused, or neglected to remedy the said breach, a matter that has and continues to cause us great anguish.
I write to hereby expressly DEMAND from you to immediately cease and desist from engaging in any further breach and the prompt remedy of the aforenamed breach.
Please TAKE NOTICE and stand guided that should you fail to comply with this letter within the next FOURTEEN (14) DAYS from the date hereof, I shall proceed to fiercely exercise my legal rights, including but not limited to instituting legal proceedings against you which shall be at your own risk as to costs and other consequences arising therefrom without any further communication to you.
It is in your best interest to comply; the court frown upon such atrocities.
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