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The Option To Lease Agreement is a strategic legal instrument used in Swiss real estate transactions when parties wish to secure future leasing rights without immediately committing to a full lease agreement. This document is particularly valuable in commercial real estate planning, development projects, or when businesses need to secure future premises while finalizing their plans. Under Swiss law, the agreement must detail the option terms, exercise mechanics, and fundamental elements of the future lease relationship. It provides the option holder with the exclusive right to enter into a lease agreement within a specified timeframe, while the property owner receives consideration for maintaining this opportunity open. The document typically includes specific provisions required under Swiss law, including clear identification of the property, option period, exercise price, and key terms of the eventual lease agreement.

1. Parties: Identification of the option grantor (property owner) and option holder, including full legal names, addresses, and registration details if companies

2. Background: Context of the agreement, description of the property, and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Option: Express grant of the option rights and confirmation that property owner gives the option holder the right to enter into a lease agreement

5. Option Period: Duration of the option, including start and end dates, and any conditions for extension

6. Exercise of Option: Process and formalities for exercising the option, including notice requirements and timing

7. Option Fee: Amount of option fee (if any), payment terms, and whether it's refundable or applied to future rent

8. Property Details: Detailed description of the property subject to the option, including address, size, and permitted use

9. Lease Terms: Key terms of the lease that will come into effect upon exercise of the option, including rent, duration, and core obligations

10. Conditions Precedent: Any conditions that must be satisfied before the option can be exercised or the lease can commence

11. Representations and Warranties: Statements of fact and promises by both parties regarding their capacity and authority

12. Termination: Circumstances under which the option agreement can be terminated and consequences of termination

13. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes

14. Notices: Process and requirements for formal communications between parties

15. Entire Agreement: Confirmation that this document represents the entire agreement regarding the option