SURRENDER OF LEASE
by
TENANT PTY LTD
to
LANDLORD PTY LTD
for
SAMPLE SUITE
at
"THE PLACE"
at
450 SAMPLE ROAD, MELBOURNE 3004
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SURRENDER OF LEASE
Parties
This Surrender is made between 1.
Tenant
TENANT PTY LTD (ACN 999 999 999) of Level 8 450 St Kilda Road, Melbourne
VIC 3004
2.
Landlord
LANDLORD PTY LTD (ACN 000 000 000) of Level 8, 450 Sample Road, Melbourne
VIC 3004
3.
Guarantor
ONE DIRECTOR of Level 8, 450 Sample Road, Melbourne VIC 3004
TWO DIRECTOR of 450 Sample Road, Melbourne VIC 3004
Background
This Surrender is supplementary to the Lease granted by the Landlord to the Original Tenant in respect of
the Premises for the Term from the Commencing Date at the Commencing Rental payable calendar
monthly in advance for the Permitted Use and subject to the terms and conditions incorporated in the Lease
including:
a provision for the Security Deposit to be held by the Landlord on behalf of the Tenant during
the Term.

an option to renew the Lease for the Further Term.

a right of re-entry by the Landlord in the event of unremedied specified default on the part of
the Tenant.
The performance and observance of the terms and conditions of the lease on the part of the Tenant have
been guaranteed by the Guarantor who has consented to be a party to this Surrender for the purposes and
in the manner set out.
The Landlord is entitled to possession of the Premises on expiration or earlier termination of the Term.
The Tenant has agreed to surrender the Lease and yield up the Premises to the Landlord on the Surrender
Date on the terms and conditions incorporated in this Surrender.
Operative Part
1.
Agreement
In exchange for the Landlord accepting payment from the Tenant of all monies due and payable
under the Lease on the Surrender Date the Tenant as beneficial owner now transfers and surrenders
to the Landlord all the right title and interest of the Tenant under the lease (including the option to
renew the Lease for the Further Term) to the intent that the unexpired portion of the Term shall
merge and be absolutely cancelled on and from the Surrender Date subject only to the further terms
and conditions incorporated in this Surrender.
2.
Release of Guarantors
Subject to the prompt diligent and full observance and performance by the Tenant of all the terms
and conditions of the collateral Chattel Sale Agreement referred to in the last clause the Landlord
shall on and from the Surrender Date release and discharge the Guarantor from all past present and
future liabilities duties and obligations on the part of the Guarantor pursuant to the guarantee
incorporated in the Lease.
3.
Release of Tenant
Subject to the prompt diligent and full observance and performance of all duties obligations terms
and conditions incorporated in this Surrender and on the part of the Tenant to be performed and
observed the Landlord shall on and from the Surrender Date release and discharge the Tenant from
all future liabilities duties and obligations on the part of the Tenant pursuant to the lease but nothing
In this clause shall prejudice or affect any right of action of the Landlord in respect of any antecedent
breach of the Tenant agreements incorporated in the Lease.
4.
Release of Landlord
Subject only to execution of the Surrender the Tenant and the Guarantor shall on and from the
Surrender Date jointly and separately release and discharge the Landlord from any action claim or
demand of any kind relating to or arising from the Lease and any negotiations representations or
prior agreements leading to execution of the Lease or any Prior Transfer.
5.
Security Deposit
The Landlord may at its absolute discretion apply the Security Deposit on the Surrender Date to or on
account of
6.
5.1
any costs and/or expenses incurred by the Landlord in relation to the negotiation preparation
execution or enforcement of this Surrender.
5.2
any unremedied default on the part of the Tenant pursuant to the lease.
Risk
Until the Surrender Dale the Premises shall continue to be occupied at the sole risk of the Tenant.
7.
Waiver
Subject to any express provision to the contrary the execution of this Surrender by the Landlord shall
not operate nor be deemed to be a waiver by the Landlord of any rights and powers of the landlord in
respect of any breach or default pursuant to the Lease on the part of the Tenant to be observed or
performed arising or accruing before the Surrender Date.
8.
Further Assurances
The parties agree to promptly diligently and fully complete and execute all documents and do alt acts
and things and to procure and provide all information documents and particulars as on their
9.
respective parts may be reasonably necessary to give full financial commercial and legal effect to this
Surrender.
Legal Costs
The Tenant shall pay all proper lawyer and own client costs and/or other expenses relating to the
negotiation preparation stamping completion and enforcement of this Surrender and any supporting
documents contemplated or referred to In the Lease or this Surrender including the costs of obtaining
all necessary consents to this Surrender and the Tenant acknowledges that is obligations pursuant to
this clause extend to and include the costs and/or expenses of the Landlord on any further lease of
the Premises to the New Tenant and any prior or subsequent agreement between the Landlord and
the Tenant.
10.
Consideration
It is confirmed by the parties that no consideration has been given for this Surrender other than any
agreements incorporated in this Surrender.
11.
Severance
If any term condition or warranty in this Surrender or the application of it to any person or
circumstance shall be or become invalid or unenforceable the remaining terms conditions and
warranties shall not be affected and each term condition and warranty in this Surrender shall be valid
and enforceable to the maximum extent permitted by law.
12.
Full Agreement
This Surrender embodies the entire understanding and the whole agreement between the Landlord
and the Tenant relating to the cancellation of the Lease and the Premises and all previous
negotiations representations warranties arrangements and statements relating to the Lease and any
Prior Transfer and the Premises or the intention of either of (he parties are merged in this Surrender
and are otherwise excluded and cancelled.
13.
Interpretation
13.1 In this Surrender reference to the singular shall include the plural and vice versa and reference
to any gender shall include all other genders and any party comprising two or more persons
shall be bound jointly and separately.
13.2 Any amendment to this Surrender shall be in writing signed by all parties.
13.3 Time shall in all respects be of the essence of this Surrender.
13.4 The obligations imposed and the benefits conferred by this Surrender shall bind the parties
including any other guarantor of the Lease or any Prior Transfer and each of their respective
successors and permitted assigns.
13.5 The marginal headings are for guidance only and are not to be used in the interpretation of
this Surrender.
13.6 Unless inconsistent with the context the highlighted terms shall have the meanings and values
ascribed to them in the Particulars to this Surrender and/or the lease and for the purpose of
interpretation this Surrender shall comprise and be construed to include the information
incorporated in the Particulars in the Lease and this document and the Lease shall comprise
the Lease and any Prior Transfer and any other agreement in writing signed by or for and on
behalf of the parties.
13.7 This Surrender shall be governed by the laws of the State of Victoria and the parties agree to
submit to and be bound by the non-exclusive Jurisdiction of the Courts of the Stale of Victoria.
13.8 Any proclamation order regulation law or moratorium limiting postponing negativing or in any
way affecting the rights remedies and powers of the Landlord pursuant to any Federal Slate or
Local Law shall not apply to the Lease or affect the duties and obligations of the Tenant
pursuant to this Surrender and shall not affect prejudice or abridge any or the rights remedies
and powers of the Landlord whether statutory incorporated in the Lease or this Surrender or at
law or in equity.
Particulars
1.
Lease
Dated 1st day of January, 2010
2.
Landlord
LANDLORD PTY LTD (ACN 000 000 000)
of Level 8, 450 Sample Road, Melbourne Vic 3004
3.
Original Tenant
OLD TENANT
of Level 8, 450 Sample Road, Melbourne Vic 3004
4.
Tenant
TENANT PTY LTD (ACN 999 999 999)
of Level 8, 450 Sample Road, Melbourne Vic 3004
5.
Guarantor
ONE DIRECTOR
of Level 8, 450 Sample Road, Melbourne Vic 3004
TWO DIRECTOR
of 450 Sample Road, Melbourne Vic 3004
6.
Premises
Sample Suite, "The Place", 450 Sample Road, Melbourne 3004
7.
Permitted Use
Commercial Offices
8.
Term
Five Years expiring Friday 31 March 2014
9.
Commencing Dale
Sunday 1 April 2009
10.
Commencing Rental
$100, 000 per annum
11.
Further Term
One Term or Five Years
12.
Surrender Date
Tuesday 1 June 2010
Signing
As a record the parties have executed this Surrender as a deed and binding legal obligation.
Dated this
(1)
day of
2010
LANDLORD
The common seal of the Landlord was impressed
on this Surrender pursuant to its Constitution in
the presence of authorised persons:
}
}
}
}
Director
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
______________________________
Signature
Director
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
______________________________
Signature
Please ensure the full company name and Australian Company Number on the common seal is fully legible.
OR
Executed by the Landlord pursuant to Section 127
Corporations Act by being signed by authorised
Persons
}
}
}
}
Director
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
______________________________
Signature
Director
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
______________________________
Signature
(2)
TENANT
The common seal of the Tenant was impressed
on this Lease pursuant to its Constitution in
the presence of authorised persons:
}
}
}
}
Director
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
______________________________
Signature
Director
______________________________
Signature
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
Please ensure the full company name and Australian Company Number on the common seal is fully legible.
OR
Executed by the Tenant pursuant to Section 127
Corporations Act by being signed by authorised
Persons
}
}
}
}
Director
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
______________________________
Signature
Director
Full Name - Please Print
Usual Address - Please Print
______________________________
______________________________
______________________________
Signature
(3)
GUARANTOR
Signed sealed and delivered by the Guarantor in
the presence of and who is identified as the
named person by:
}
} ______________________________
}
Director
Signature
_______________________________________ Witness Signature
_______________________________________ Print Full Name
_______________________________________ Address
_______________________________________
Please note any witness should confirm the identity of the person signing to be the same person named in
the Lease.
Signed sealed and delivered by the Guarantor in
the presence of and who is identified as the
named person by:
}
} ______________________________
}
Director
Signature
_______________________________________ Witness Signature
_______________________________________ Print Full Name
_______________________________________ Address
_______________________________________
Please note any witness should confirm the identity of the person signing to be the same person named in
the Lease.