Exclusive Option Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Option Agreement

"I need an Exclusive Option Agreement for a potential purchase of a commercial property in Sydney, with a 6-month option period starting March 1, 2025, and an option fee of AUD 100,000; the agreement should include detailed due diligence provisions and specific conditions about the property's environmental compliance."

Document background
The Exclusive Option Agreement is a strategic legal instrument commonly used in Australian business transactions to secure future rights while maintaining flexibility. It provides a mechanism for parties to lock in potential future deals while conducting necessary due diligence or securing financing. This document type is particularly valuable in complex commercial transactions where immediate execution of the main agreement is not feasible or desired. The agreement must comply with Australian federal and state laws, including the Competition and Consumer Act 2010 (Cth) and relevant property laws. It typically includes detailed provisions on exercise mechanics, exclusivity obligations, and conditions precedent, making it suitable for various commercial contexts from property acquisitions to business sales.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement

2. Background: Sets out the context and purpose of the option agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Grant of Option: Core provision granting the exclusive option rights

5. Option Period: Specifies the duration for which the option is valid

6. Option Fee: Details the consideration paid for the option

7. Exercise of Option: Specifies the mechanism and process for exercising the option

8. Exclusivity Obligations: Details the exclusive nature and related restrictions

9. Warranties and Representations: Standard warranties from both parties

10. Confidentiality: Provisions regarding confidential information

11. Termination: Circumstances and process for early termination

12. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Due Diligence: Include when the option holder requires rights to conduct due diligence during the option period

2. Security Provisions: Include when security is required to guarantee option exercise

3. Third Party Consents: Include when exercise of the option requires third party approvals

4. Pre-Exercise Conditions: Include when specific conditions must be met before option exercise

5. Anti-Competition Provisions: Include when additional competition restrictions are needed beyond basic exclusivity

6. Change of Control: Include when change in control of either party affects the option

7. Force Majeure: Include when external events might affect option exercise rights

Suggested Schedules

1. Schedule 1 - Option Terms: Detailed commercial terms of the option including pricing and timing

2. Schedule 2 - Form of Exercise Notice: Template notice for exercising the option

3. Schedule 3 - Subject Matter Details: Detailed description of what the option is over (e.g., asset details, shares, property)

4. Schedule 4 - Due Diligence Requirements: If applicable, detailed due diligence procedures and requirements

5. Schedule 5 - Form of Resulting Agreement: Draft of the agreement that will be entered into upon exercise of the option

6. Appendix A - Required Consents: List of required third-party consents if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Mining

Technology

Manufacturing

Retail

Agriculture

Financial Services

Entertainment

Healthcare

Professional Services

Relevant Teams

Legal

Corporate Development

Commercial

Finance

Business Development

Mergers & Acquisitions

Real Estate

Operations

Risk & Compliance

Investment

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Commercial Director

Business Development Manager

Chief Financial Officer

Corporate Development Manager

Property Manager

Acquisitions Manager

Contract Manager

Risk Manager

Company Secretary

Operations Director

Investment Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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