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Non Exclusive Option Agreement Template for Pakistan

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Key Requirements PROMPT example:

Non Exclusive Option Agreement

"I need a Non Exclusive Option Agreement under Pakistani law for a potential purchase of manufacturing equipment, with an option period of 6 months starting from March 2025, where we want to conduct thorough due diligence while the seller maintains the right to negotiate with other parties."

Document background
This document is essential in Pakistani business transactions where parties wish to establish future rights while maintaining flexibility. A Non-Exclusive Option Agreement is particularly useful when the option grantor wants to retain the ability to negotiate with multiple potential partners while giving serious prospects a secure right to proceed with a transaction. The agreement must comply with Pakistani legal requirements, including the Contract Act 1872, Registration Act 1908, and Stamp Act 1899. It typically includes detailed terms about the option period, exercise mechanisms, consideration, and importantly, explicit provisions about the non-exclusive nature of the rights granted. This type of agreement is commonly used in real estate transactions, business acquisitions, licensing arrangements, and various commercial dealings where parties need time to evaluate opportunities while maintaining market flexibility.
Suggested Sections

1. Parties: Identification and details of the Option Grantor and Option Holder

2. Background: Context of the agreement, including brief description of the subject matter of the option

3. Definitions: Key terms used throughout the agreement

4. Grant of Option: Clear statement of the non-exclusive option being granted and its basic terms

5. Option Period: Duration for which the option can be exercised

6. Exercise of Option: Process and requirements for exercising the option

7. Option Fee: Details of the consideration paid for the option

8. Non-Exclusivity Provisions: Clear statement of the non-exclusive nature and its implications

9. Representations and Warranties: Standard warranties from both parties regarding capacity and authority

10. Confidentiality: Obligations regarding confidential information

11. Notices: Process for formal communications between parties

12. Governing Law and Jurisdiction: Specification of Pakistani law and jurisdiction

13. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

Optional Sections

1. Due Diligence Rights: Include when the option holder needs rights to conduct due diligence before exercise

2. Third Party Rights: Include when there are specific third parties who may be affected by the option

3. Competition Compliance: Include when the option relates to business activities that might raise competition law concerns

4. Force Majeure: Include when external events could impact the ability to exercise the option

5. Assignment Rights: Include when either party may need to transfer their rights under the agreement

6. Tax Provisions: Include when there are specific tax implications that need to be addressed

Suggested Schedules

1. Schedule 1 - Subject Matter of Option: Detailed description of what the option is for (e.g., asset, shares, property)

2. Schedule 2 - Option Exercise Notice: Pro-forma notice for exercising the option

3. Schedule 3 - Form of Main Agreement: Draft of the agreement to be entered into upon exercise of the option

4. Schedule 4 - Option Fee Payment Terms: Details of payment structure and timing

5. Appendix A - Required Consents: List of any third-party or regulatory consents needed

Authors

Alex Denne

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

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