An option clause in a tender contract stating the agreement is for a specified period 'with a further [X] month option available' confers the right to exercise the option on the tenderer, not the party issuing the tender, where the commercial purpose of the option is as an inducement to tenderers. Damages for breach of such a contract may include lost opportunity to win future tenders, assessed by reference to the percentage chance of success, and a party is not required to mitigate by retendering where the other party's officers have formed erroneous adverse views making success futile.
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