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Confidentiality NDA Agreement - Whole Foods, Sephora & Block 5 at The Streets of SouthGlenn

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

This Confidentiality Agreement (this “Agreement”) is entered into as of April 26, 2025, by the undersigned (“Recipient”) for the benefit of Blue West Capital LLC, a Colorado limited liability company, its affiliates and their respective successors and assigns (collectively “BWC”).

Confidential Information

“Confidential Information” means all financial and other information pertaining to the property located at The Streets at SouthGlenn – Block 7 - 6853 S York St #119 & #124, Centennial, CO 80122 (Whole Foods & Sephora) & Block 5 includes: 2253 E. Briarwood, Ave & 6751 S. York St, 6781 S. York St, 6972 S. Vine St, Centennial, CO 80122 (“Investment Opportunity”), including but not limited to, operating statements, financial statements, marketing plans and forecasts, inventory lists, asset valuations, sales forecasts, concept designs, rental payments, the fact that the Investment Opportunity may be available for sale, and other financial information regarding the Investment Opportunity. All Confidential Information is and shall remain the Company’s sole and exclusive property.

The Evaluation Materials furnished to you will not be used for any purpose other than to evaluate a possible investment in the Property by your contracted Client exclusively for their account;
You will not make any of the Evaluation Materials available, or disclose or distribute, either orally or in writing, any of the contents of the Evaluation Materials, to any person other than your contracted Client, their counsel, their analyst(s), their equity partner(s), or their potential lender(s) (hereinafter “Excluded Persons”);
You will not disclose to any person, other than Excluded Persons, either the fact that discussions or negotiations are taking place concerning a possible investment in the Property by you or any of the terms, conditions or other facts with respect to any such possible investment, including the status thereof;
You agree that you will not contact the tenant or property management staff of the Property in connection with your review of the Evaluation Materials. Any and all questions related to the Evaluation Materials must be directed solely to Tom Ethington at Blue West Capital, LLC;
You acknowledge that neither the Seller, nor Blue West Capital, LLC, nor any affiliate of either of such persons, nor any partner, director, officer, employee, agent of or consultant to any such persons (collectively, "Seller/Agent”) has made any representation or warranty as to the completeness or accuracy of the Evaluation Materials, and any representation or warranty in connection therewith is hereby expressly excluded. The Evaluation Materials provided to you are subject to, change of price or terms, withdrawal from market without notice, and prior sale. You agree that the Seller/Agent shall have no liability to you resulting from the delivery to, or use by, you of the Evaluation Materials or otherwise with respect thereto, and you agree to defend, indemnify and hold the Seller/Agent harmless from and against all loss, damage or expense sustained or incurred by Seller/Agent by reason of any unauthorized distribution or disclosure of the Evaluation Materials by you or by any Excluded Person;
We may elect at any time to terminate access to the Evaluation Materials, and you agree that you will, following any request by us or if you do not wish to invest in the Property, promptly redeliver to us all written Evaluation Materials and any other written material (and agree to delete any analyses contained in a database or spreadsheet type format) containing information in the Evaluation Materials and will not retain copies of such written material; and
You acknowledge that when you make available the Evaluation Materials to any Excluded Person, you will inform such Excluded Persons of the confidential nature of the Evaluation Materials and the existence and terms of this Agreement.
Buyer Representation (if applicable): Recipient represents and warrants to BWC that (i) it is authorized to execute this Agreement on behalf of its company, if any, and (ii) it is acting as a principal and is not seeking a real estate commission, fee or other compensation from the Owner Parties or BWC. If Buyer is represented and seeking a fee or real estate commission, The Buyer shall write any expected compensation due to their agent as part of the LOI offer. Gross and net proceeds will be considered by the Seller when reviewing each offer.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below to be effective as of the date first above written (Buyer).

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Signed by Tom Ethington
Signed On: April 14, 2025

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March 16, 2025 4:50 pm MDT

Confidentiality NDA Agreement - Whole Foods, Sephora & Block 5 at The Streets of SouthGlenn Uploaded by Amanda Carlton - amanda@bluewestcapital.com IP 71.211.235.219

March 16, 2025 4:51 pm MDT

Document owner robert@bluewestcapital.com has handed over this document to amanda@bluewestcapital.com 2025-03-16 16:51:58 - 24.9.71.111