Northumberland Business Development Assistance Corp
o/a “Northumberland CFDC”
739 D’Arcy St., Suite 120 – Venture13, Cobourg, Ontario, K9A 0H6
Disclosure and release statement
The Applicant understands and agrees that:
- The Applicant is responsible for payment of all charges relative to the preparation, execution and registration of documents that may be required by NCFDC or its solicitors;
- The terms and conditions of any financing which may be authorized will be set forth in a Letter of Offer, for agreement and acceptance by the Applicant;
- The statements made herein are for the express purpose of obtaining financing from NCFDC and are, to the best of the Applicant’s knowledge and belief, true and correct. The Applicant understands that additional information in support of this application must be supplied to NCFDC, if requested, before adequate consideration can be given to this application. The Applicant realizes that any present or future indebtedness of the Applicant, or the Applicant’s business, to NCFDC may become due and payable if any information provided by the Applicant to NCFDC proves to be inaccurate or incomplete;
- In applying for this financing and in the event that NCDFC approves such application, the Applicant’s personal and confidential business information will be requested from the Applicant and/or collected from third parties that have information about the Applicant’s eligibly for financing, and may be reported to the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) and the Government of Canada.
Disclosure, release, and waiver of liability
- The Applicant acknowledges that he or she approached NDFDC to obtain information about business and has prepared, or is preparing a business plan;
- The Applicant acknowledges that he or she is solely responsible for the success or failure of his/her business, and that any information which is provided to the Applicant by representatives of NCFDC is for the Applicant’s understanding only. It is the Applicant’s responsibility to verify the accuracy of such information or to seek additional information concerning any aspects of the Applicant’s proposed business;
- The Applicant further agrees to hold NCFDC, its employees, volunteers, representatives, and agents harmless and herby releases and discharges NCFDC from any actions, damages, claims or demands which may arise, directly or indirectly, as a result of any act or omission by NCFDC in providing information to the Applicant, and to indemnify NCFDC from any such actions, damages, claims or demands which might be suffered by the Applicant’s business or any guarantor in connection which any such information, the Applicant’s participation in any and all of the NCFDC’s services, or non-compliance with Federal and Provincial laws and regulations;
- The Applicant acknowledges that he or she is solely responsible for the hiring, employment, dismissal and any related matters with respect to the persons employed by the business as well as contractual agreements with individuals or firms;
- The Applicant acknowledges that he or she is responsible for payment of legal fees, property, appraisals, and other costs or expenses incurred in connection with this application and, in the event that NCFDC approves funding, the completion of the transaction.
The Applicant and, if applicable, the Guarantor(s)
- Are operating their business in conformity with all environmental legislation;
- Confirm that their assets, including real estate, comply with all environmental legislation;
- Have not used their assets in violation of environmental laws and no proceedings are underway, nor have any notice(s) been received concerning any alleged violation(s) of environmental laws;
- Have not given a waiver concerning any compliance and/or violation of environmental laws to the prior owners of their assets;
- Warrants that any environmental issues or concerns as known to the Applicant and/or the Guarantor(s) have been disclosed to NCFDC, and that actives, as required, are in compliance with all applicable legislations, including the Canadian Environmental Assessment Act and the Canadian Environmental Protection Act.
Collection, use, and disclosure of personal and business information
- The Applicant acknowledges that, as the operation of NCFDC is financially supported by the Government of Canada, representatives of the Federal Economic Development Agency for Southern Ontario (Fed Dev Ontario) are permitted access to the files of NCFDC for monitoring and evaluation purposes and that the Applicant may be contacted by representatives of FedDev Ontario, such information as is acquired by the Agency will be treated as confidential.
- The Applicant acknowledges that, any recipient of NCFDC’s services shall assist in completing any evaluation of the outcomes and impacts (current or in the future) that result from obtaining services from NCFDC. A representative of the Federal Economic Development Agency for Southern Ontario, or a consultant obtained on their behalf, may contact the Applicant to gather pertinent information and/or to provide an evaluation of the impact of NCFDC’s services and to request your cooperation to ensure a successful outcome. The Applicant is assured that all information will remain confidential.
- The Applicant acknowledges that this application and other personal information may be retained by NCFDC whether or not any transaction is ultimately completed.
- The Applicant further understands and consents to NCFDC publicizing the Applicant’s business venture if the Applicant is successful in obtaining financing from NCFDC, which may or may not include personal information such as the name of the Applicant and name of the Business.
COPYRIGHT © 2021 NORTHUMBERLAND BUSINESS DEVELOPMENT ASSISTANCE CORP. (O/A “NORTHUMBERLAND CFDC” ABBREVIATED “NCFDC”). ALL RIGHTS RESERVED.
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