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Surrender Agreement Template
"I need a Surrender Agreement Template for an early termination of a commercial office lease in Sydney, where the tenant is surrendering the lease due to business restructuring, with a proposed surrender date of March 1, 2025, and including provisions for the return of a $50,000 bank guarantee."
1. Parties: Identification of the Landlord and Tenant (and any guarantors if applicable)
2. Background: Recitals explaining the existing lease arrangement and the parties' intention to surrender
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Surrender: Core agreement clause where tenant agrees to surrender and landlord agrees to accept surrender of the lease
5. Surrender Date: Specification of the effective date of surrender and any conditions precedent
6. Consideration: Details of any surrender premium or other consideration payable
7. Condition of Premises: Requirements for the condition in which the premises must be returned
8. Settlement and Handover: Process for physical handover of premises and return of keys
9. Release and Waiver: Mutual release of obligations under the lease post-surrender
10. Representations and Warranties: Basic warranties about capacity to enter agreement and authority
11. Costs: Allocation of legal and other costs related to the surrender
12. Governing Law: Specification of governing law and jurisdiction
13. Execution: Formal execution blocks for all parties
1. Guarantor Release: Required when the original lease has guarantors who need to be released
2. Outstanding Obligations: Include when there are specific obligations that need to be addressed (e.g., repair works, outstanding rent)
3. Security Deposit: Include when there is a security deposit or bank guarantee to be returned
4. Service Contracts: Required when there are service contracts that need to be terminated or transferred
5. Confidentiality: Include when parties wish to keep the surrender terms confidential
6. GST: Required for commercial properties where GST applies to the surrender
7. Make Good Obligations: Include when specific make good requirements need to be documented
8. Survival of Obligations: Include when certain lease obligations need to survive the surrender
1. Schedule 1 - Lease Details: Details of the lease being surrendered including date, parties, and property description
2. Schedule 2 - Condition Report: Current condition of the premises and any agreed damage or wear and tear
3. Schedule 3 - Settlement Requirements: Checklist of items to be completed before and at settlement
4. Schedule 4 - Outstanding Amounts: List of any outstanding rent, outgoings or other amounts to be settled
5. Appendix A - Property Plans: Plans showing the premises being surrendered
6. Appendix B - Handover Inventory: List of items to be handed over (keys, security passes, manuals etc)
Authors
Lease
Premises
Surrender Date
Completion Date
Landlord
Tenant
Guarantor
Bank Guarantee
Security Deposit
Handover Date
Make Good Obligations
Outgoings
Outstanding Amounts
Permitted Use
Property
Rent
Settlement
Surrender Fee
Surrender Premium
Service Contracts
Business Day
Completion
Condition Report
Encumbrances
GST
Keys and Security Devices
Lease Documents
Mortgagee
Original Lease
Practical Completion
Related Agreements
Relevant Authority
Working Hours
Surviving Provisions
Tenant's Property
Title Particulars
Utilities
Interpretation
Agreement to Surrender
Consideration
Condition Precedent
Settlement
Property Handover
Make Good
Release and Waiver
Outstanding Obligations
Security Deposit
Representations and Warranties
Confidentiality
Costs
GST
Notice
Assignment
Severability
Entire Agreement
Governing Law
Further Assurance
Counterparts
Force Majeure
Indemnity
Insurance
Service Contracts
Utilities
Registration
Survival of Terms
Time of Essence
Dispute Resolution
Real Estate
Commercial Property
Residential Property
Retail
Industrial
Office Space
Hospitality
Healthcare
Education
Manufacturing
Legal
Property Management
Real Estate
Facilities Management
Asset Management
Risk Management
Operations
Compliance
Finance
Administrative Services
Property Manager
Legal Counsel
Real Estate Manager
Facilities Manager
Asset Manager
Commercial Leasing Manager
Property Operations Director
General Counsel
Tenant Relations Manager
Lease Administrator
Property Services Manager
Real Estate Director
Legal Operations Manager
Risk Manager
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