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The Option To Purchase Agreement is a strategic legal instrument used in Austrian business and property transactions to secure future purchase rights while maintaining flexibility. This document is particularly valuable in scenarios where parties need time to arrange financing, conduct due diligence, or await specific conditions before committing to a full purchase. The agreement must conform to Austrian Civil Code (ABGB) requirements and typically includes detailed provisions about the option period, exercise procedures, purchase terms, and completion requirements. It's commonly used in real estate transactions, business acquisitions, and asset purchases, providing the option holder with secured rights while giving the grantor certainty about potential future disposition. The document requires careful structuring to ensure enforceability under Austrian law and to address specific requirements that may apply to different types of assets or parties involved.

1. Parties: Identification of the Option Grantor and Option Holder, including full legal names, addresses, and registration details if companies

2. Background: Context of the agreement, relationship between parties, and general purpose of the option arrangement

3. Definitions: Key terms used throughout the agreement, including 'Option Period', 'Strike Price', 'Property', 'Exercise Notice'

4. Grant of Option: Express grant of the option rights, specifying whether call or put option or both

5. Option Period: Duration of the option, including start date and expiration date

6. Option Price: Amount payable for the option itself (if any) and payment terms

7. Exercise of Option: Procedure for exercising the option, including form and timing of notice requirements

8. Purchase Price: Specified price for the underlying purchase if option is exercised, including any adjustment mechanisms

9. Payment Terms: Terms for paying the purchase price upon exercise of the option

10. Completion: Process and requirements for completing the purchase after option exercise

11. Representations and Warranties: Standard warranties about authority, capacity, and title to the property

12. Termination: Circumstances under which the option agreement may be terminated

13. Governing Law: Confirmation of Austrian law as governing law and jurisdiction provisions

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability