The Amended and Restated Lease Agreement is utilized when parties need to substantially modify an existing lease while maintaining the continuity of the landlord-tenant relationship. This document type is particularly relevant in Indonesian business contexts where significant changes to lease terms are required due to business evolution, property modifications, or regulatory changes. It consolidates the original lease terms with all subsequent amendments and new provisions into a single, comprehensive document, making it easier to understand and implement the current obligations of all parties. The agreement must comply with Indonesian property laws, including the Civil Code (KUH Perdata) and specific regulations regarding property leasing, building management, and foreign investment if applicable. This document type is commonly used in commercial, retail, and industrial leasing scenarios where the original lease terms need substantial updates while preserving the original tenancy relationship.
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1. Parties: Identification of the Lessor and Lessee, including their complete legal names, addresses, and company registration details as required under Indonesian law
2. Background: Context of the original lease agreement and reasons for amendment and restatement, including original execution date and any previous amendments
3. Definitions: Definitions of key terms used throughout the agreement, including property-specific terms and Indonesian legal terminology
4. Amendment and Restatement: Clear statement that this agreement amends and restates the original lease in its entirety, and the relationship with the original agreement
5. Demised Premises: Detailed description of the leased property, including its location, size, and any included facilities or equipment
6. Term and Renewal: Duration of the lease, commencement date, expiry date, and any renewal options
7. Rent and Other Payments: Rental amount, payment schedule, security deposit, service charges, and other financial obligations
8. Use of Premises: Permitted use of the property and any restrictions on use
9. Maintenance and Repairs: Responsibilities of each party for maintenance, repairs, and improvements
10. Utilities and Services: Provisions regarding utility services, including responsibility for payments and arrangements
11. Insurance and Indemnity: Required insurance coverage and indemnification obligations
12. Default and Remedies: Events of default and available remedies for both parties
13. Assignment and Subletting: Rights and restrictions regarding assignment and subletting of the premises
14. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution procedures
15. Notices: Process and addresses for serving formal notices under the agreement
16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Fit-out Works: For premises requiring tenant improvements, detailing approval process and specifications
2. Green Building Requirements: For buildings with environmental certifications, specifying tenant's obligations to maintain standards
3. Retail-Specific Provisions: For retail premises, including trading hours, sales reporting, and tenant mix provisions
4. Force Majeure: Specific provisions for handling unforeseen events, particularly relevant post-COVID
5. Building Rules and Regulations: For multi-tenant buildings, incorporating specific building rules
6. Foreign Investment Provisions: Required when tenant is a foreign entity, addressing Indonesian investment law requirements
7. Service Level Agreement: For properties with significant service components like serviced offices
8. Parking Rights: Detailed parking provisions for properties where parking is a significant consideration
1. Floor Plans: Detailed plans showing the demised premises and common areas
2. Original Lease: Copy of the original lease agreement being amended and restated
3. Rent Schedule: Detailed breakdown of rent payments, including any escalations
4. Service Charges: Itemized list of service charges and calculation methodology
5. Building Rules: Comprehensive building rules and regulations
6. Form of Bank Guarantee: Standard format for any required bank guarantee or security deposit
7. Handover Condition: Detailed description and photos of premises condition at handover
8. Permitted Alterations: Specifications for allowed tenant improvements and alterations
9. Authority Approvals: Copies of relevant governmental permits and approvals
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