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Option Agreement (Real Estate)
1. Parties: Identification of the option grantor (property owner) and option holder, including full legal names, addresses, and registration numbers for companies
2. Background: Context of the agreement, including brief description of the property and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Option Period', 'Option Price', and 'Exercise Notice'
4. Property Details: Detailed description of the property subject to the option, including cadastral number, address, and registered encumbrances
5. Grant of Option: Express grant of the option rights, including exclusivity provisions if applicable
6. Option Period: Duration of the option, including start date, end date, and any extension provisions
7. Option Price: Purchase price for the property if the option is exercised, including any adjustment mechanisms
8. Exercise of Option: Process and requirements for exercising the option, including notice requirements and timing
9. Payment Terms: Details of any option fee, deposit requirements, and payment structure for the purchase price
10. Due Diligence: Rights and process for conducting property investigations and due diligence
11. Conditions to Exercise: Any conditions that must be satisfied before the option can be exercised
12. Closing Process: Procedures and requirements for completing the purchase if the option is exercised
13. Representations and Warranties: Standard warranties about property ownership, authority to contract, and property condition
14. Registration: Provisions regarding registration of the option agreement with the Danish land registry
15. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes
16. Notices: Process and requirements for giving formal notices under the agreement
17. Assignment: Restrictions or permissions regarding transfer of option rights
18. Entire Agreement: Standard boilerplate confirming the agreement represents the entire understanding between parties
1. Development Rights: Used when the option holder requires rights to pursue development approvals during the option period
2. Third Party Consents: Required when the exercise of the option is conditional on obtaining specific third-party approvals
3. Environmental Provisions: Included when there are specific environmental concerns or requirements regarding the property
4. Tenant Provisions: Necessary when the property is subject to existing tenancies
5. Financing Conditions: Included when the option exercise is conditional on obtaining financing
6. Property Management: Used when specific requirements exist for property maintenance during the option period
7. Right of First Refusal: Added when the option holder has additional rights if the owner receives third-party offers
8. Tax Structure: Included when specific tax planning considerations need to be addressed
1. Property Description: Detailed legal description of the property, including maps and plans
2. Due Diligence Documents: List of documents to be provided for due diligence
3. Form of Exercise Notice: Template notice for exercising the option
4. Permitted Encumbrances: List of accepted encumbrances on the property title
5. Purchase Price Calculation: Detailed methodology for calculating the final purchase price
6. Property Condition Report: Current condition assessment of the property
7. Environmental Reports: Any existing environmental assessments or reports
8. Required Consents: List of required third-party or governmental consents
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