Sample Lending Agreement 5

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19.

GOVERNING LAW AND JURISDICTION This Agreement is governed by, and shall be construed in accordance with, NEW ZEALAND law. The Courts of NEW ZEALAND have exclusive jurisdiction to hear and settle any suit, action or proceedings, and to settle any disputes out of or in connection with this Agreement, and, for those purposes, each party irrevocably submits to the jurisdiction of the courts of NEW ZEALAND. 20. TIME Time shall be of the essence. 21. RECORDING The Parties agree that by signing this agreement, they are notified and accept: all conversations may be recorded, between all parties of this agreement. 22. MISCELLANEOUS I. II. III. IV. V. This Agreement constitutes the entire agreement and understanding of the Parties with respect to its subject matter and supersedes all oral or written communication with respect thereto. No amendment in respect of this Agreement will be effective unless in writing and executed by each of the Parties or confirmed by an exchange of telexes or electronic mail. Except as provided on this Agreement, the rights, powers, remedies and privileges provided in this agreement are cumulative and not exclusive of any rights, powers, remedies and privileges provided by law. Aperson who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement. Documents are signed by and between lender and borrower by electronic way only. Electronic signature is valid and accepted as hand signature.

23. PENALTY AND EXPENSES FOR EXTENSIONS The terms of expiration of this agreement can be extended, in agreement with parties, for additional 30 calendar days paying an amount of xx.xxx The 30 day extension begins on the first day of the expiration of THIS AGREEMENT. BORROWER must inform lender and pay the extension fee 3 days prior to call option expiration date. If Lender accepts borrowers request, an amendment will be sent with relevant invoice for fees. If the LENDER is unable to accept BORROWERS request, an immediate credit will be issued to BORROWER. READ, APPROVED AND UNDERWRITTEN IN 5 PAGES AND 6 ATTACHMENTS: Today the XX OF XXXX THE LENDER

BORROWER: COMPANY XXX SIGNATORY: MR/MRS XXXX AUTHORIZED SIGNATURE:

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