The Amendment Agreement is a crucial legal instrument in Indonesian business practice, used when parties need to modify an existing contractual relationship without creating an entirely new agreement. This document type is governed by the Indonesian Civil Code (KUHPerdata) and must comply with Indonesian contract law principles. An Amendment Agreement is typically employed when parties need to update specific terms, add new provisions, or remove existing clauses from their original agreement while maintaining the fundamental nature of their relationship. It's particularly valuable in long-term commercial relationships where circumstances may change over time, requiring contractual adjustments. The document should clearly reference the original agreement, specify all modifications, and include provisions ensuring the amendments' enforceability under Indonesian law.
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1. Parties: Identification of all parties to the amendment agreement, matching the parties in the original agreement or addressing any changes in parties
2. Background: Context of the original agreement, reason for amendment, and confirmation that parties wish to amend the original agreement
3. Definitions: Key terms used in the amendment agreement, including reference to definitions in the original agreement and any new or modified definitions
4. Reference to Original Agreement: Clear identification of the agreement being amended, including its date and parties
5. Effective Date: Specification of when the amendments take effect
6. Amendments: Detailed description of each amendment, clearly stating which provisions are being modified, deleted, or added
7. Confirmation of Other Terms: Confirmation that all other terms of the original agreement remain in full force and effect
8. Governing Law: Confirmation that Indonesian law governs the amendment (typically matching the original agreement's governing law)
9. Execution: Signature blocks and execution provisions
1. Representations and Warranties: Additional confirmations by the parties regarding their authority to enter into the amendment and the validity of the original agreement - include if there are significant changes or new parties
2. Conditions Precedent: Any conditions that must be satisfied before the amendments become effective - include if amendments are subject to specific requirements
3. Third Party Rights: Provisions regarding the effect of amendments on any third party rights - include if amendments affect third party beneficiaries
4. Costs and Expenses: Allocation of costs related to the preparation and execution of the amendment - include if there are significant costs to be addressed
5. Further Assurance: Obligation to take additional steps to give effect to the amendments - include for complex amendments requiring additional documentation
1. Schedule of Amendments: Detailed table or list showing the original clause and the amended clause in parallel columns
2. Amended and Restated Clauses: Full text of any clauses that are being completely restated
3. Conformed Copy: Clean version of the agreement incorporating all amendments (optional but recommended for significant amendments)
4. Required Consents: Copies of any third-party consents required for the amendments
5. Supporting Documents: Any additional documents referenced in or required by the amendments
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