An Amendment To Agreement is utilized when parties need to modify an existing contractual arrangement while keeping the original agreement's core structure intact. This document type is particularly important in the Indonesian legal context, where amendments must comply with specific requirements under the Civil Code (KUHPer) and related regulations. It's commonly used when business circumstances change, requiring adjustments to terms, conditions, scope, or obligations in the original agreement. The amendment must be drafted in Indonesian language when involving Indonesian parties (as per Law No. 24 of 2009) and may require notarization depending on the original agreement's format. The document typically includes clear references to the original agreement, specific changes being made, and confirmations of unchanged provisions, ensuring legal certainty for all parties involved.
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1. Parties: Identification of all parties to the amendment, which must match the parties in the original agreement
2. Background: Reference to the original agreement (including date and title), reason for amendment, and confirmation that parties wish to amend the agreement
3. Definitions: Key terms used in the amendment, including reference to definitions in the original agreement and any new definitions specific to the amendment
4. Amendment Details: Specific clauses being amended, showing both original text and new text, with clear articulation of changes
5. Effect on Original Agreement: Statement confirming that all other provisions of the original agreement remain in full force and effect
6. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
7. Language: Statement regarding language versions (as per Law No. 24 of 2009, requiring Indonesian language version)
8. Execution: Signature blocks for all parties, including date and place of signing
1. Effective Date: Specific section stating when the amendments take effect, if different from signing date
2. Restatement: Full restatement of amended clauses in their entirety, used when changes are extensive
3. Representations and Warranties: Additional confirmations regarding authority to enter into the amendment, used when required by nature of changes
4. Costs: Allocation of costs related to the amendment, included when there are significant costs involved
5. Notarization Statement: Required if original agreement was notarized or if amendments need notarization
6. Third Party Consents: Section acknowledging required third-party consents, if any are needed for the amendment
1. Schedule of Amendments: Detailed table or list showing all modifications, including clause references and new text
2. Copy of Original Agreement: Attachment of the original agreement being amended
3. Required Consents: Copies of any third-party consents or regulatory approvals required for the amendment
4. Amended Schedules: Any schedules from the original agreement that are being modified by this amendment
5. Power of Attorney: If parties are signing through representatives, the relevant authorization documents
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