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as mutually agreed upon by and between Tenant and Owner. Tenant’s written notice to Owner to exercise the
Option as provided herein AND any Contract of Sale as executed by and between Tenant and Owner shall
provide that settlement shall occur on or before the expiration date of this Option as provided in Paragraph
2 of this Option Agreement. In the event the Date of Settlement as provided in the Contract of Sale shall be
a date occurring after the Option Time Frame as provided in Paragraph 2 of this Agreement, this
Agreement and the Option Time Frame shall be automatically extended to the Date of Settlement as
provided in the Contract of Sale. In the event Tenant shall (i) fail to provide written notice to Owner of Tenant’s
election to exercise the Option as provided herein; or (ii) shall fail to enter into a written Contract of Sale with
Owner within thirty (30) calendar days from the date of such written notice, or (iii) shall fail to settle on the sale and
purchase of the Property on or before the Date of Settlement, the Option as herein granted shall be deemed to be
terminated, null and void and of no further legal force and effect.
5. PURCHASE PRICE OF THE PROPERTY: The Purchase Price of the Property and all improvements is
_________________________________Dollars ($_____________________________) payable on the date of
settlement to Owner.
6. CREDIT TOWARDS PURCHASE PRICE FOR RENTS PAID: In the event Tenant exercises the Option
in accordance with Paragraph 4 and completes settlement on the Property in accordance with the Contract of Sale,
Owner shall credit towards the Purchase Price of the Property to Tenant an amount equal to
__________________________________ Dollars ($ _________________________) for each month of Tenant’s
rental installment paid by Tenant and received by Owner during the Option Time Frame. Such credit shall be made
by Owner to Tenant only in the event of the settlement of the Contract of Sale by Tenant and in no other event shall
such credit be payable by Owner to Tenant.
7. AVAILABILITY OF FINANCING: Tenant is solely responsible for obtaining financing in order to exercise
this Option. It is further understood that, notwithstanding any financing contingency contained in said Contract of
Sale, the failure of Tenant to obtain financing shall not entitle Tenant to a refund of any portion of the nonrefundable
Option Fee paid in accordance with the terms hereof.
8. TERMINATION OF OPTION/DEFAULT: The Option granted by Owner to Tenant pursuant to this Option
Agreement may be terminated by Owner:
a. U
pon the breach or default by Tenant of any term, provision or condition contained in the Leas
e
w
hich, in accordance with the terms of said Lease, authorizes a termination thereof by Owner;
b.
U
pon the breach or default by Tenant of any term, provision or condition contained in this Option
Agreement; and
c. Upon the failure of Tenant to complete settlement in accordance with the terms and provisions of
the Contract of Sale, as set forth in Paragraph Four hereof.
It is agreed that upon the occurrence of any one of the above stated events, in addition to any other
remedies available to Owner at law or in equity, Owner may, at Owner’s option, terminate this Option
Agreement and the Option granted hereby by providing written notice of same to Tenant in accordance
herewith. If Owner terminates the Option Agreement and/or the Lease, Tenant shall not be entitled to a
credit or refund of any rent or the Option Fee. For this Option Agreement to be enforceable and effective,
Tenant must comply with all terms and conditions of the Lease and this Option Agreement.
A waiver by Owner of any prior default or breach shall not act as a bar to Owner’s right to assert any claims
against Tenant or as a waiver by Owner to assert any claims against Tenant for any subsequent default or
breach by Tenant.
9. NOT A CONTRACT TO BUY: The parties understand and agree that THIS IS NOT A CONTRACT TO
BUY and that in order to effectuate a purchase pursuant hereto Tenant must exercise the Option granted in
accordance with the terms hereof.
10. OPTION NOT ASSIGNABLE: The Option granted hereby is not assignable or transferrable by Tenant
and is an exclusive, personal, contract right granted to Tenant only.
11. TIME IS OF THE ESSENCE: It is agreed that TIME IS OF THE ESSENCE with respect to the
performance of Tenant hereunder and the exercise of any of Tenant’s rights pursuant to this Option Agreement.