The Overagreement is designed for complex business relationships in Indonesia where parties anticipate entering into multiple related agreements over time. It establishes a unified framework that streamlines future contracting processes by standardizing general terms, conditions, and operational procedures. This document type is particularly valuable for long-term business relationships involving recurring transactions or projects. The agreement must comply with Indonesian law, including the Civil Code (KUHPerdata) and Law No. 24 of 2009 regarding language requirements. It typically includes provisions for contract hierarchy, ensuring clear precedence rules between the Overagreement and subsequent related agreements, while maintaining flexibility for specific commercial arrangements. This structure is commonly used in various sectors where ongoing business relationships require consistent governance while accommodating diverse transaction types.
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1. Parties: Identification of the contracting parties, including full legal names, company registration details, and addresses
2. Background: Context of the relationship and purpose of establishing an overarching agreement framework
3. Definitions: Key terms used throughout the agreement and related agreements, including definition of 'Related Agreements'
4. Scope and Hierarchy: Establishes the scope of the overagreement and its relationship with other agreements, including precedence rules
5. Term and Termination: Duration of the overagreement and circumstances under which it can be terminated
6. General Obligations: Core obligations of the parties that apply across all related agreements
7. Related Agreements: Process for entering into related agreements and their incorporation under this framework
8. Representations and Warranties: Standard representations and warranties that apply to all related agreements
9. Confidentiality: General confidentiality obligations applying to all agreements
10. Dispute Resolution: Process for resolving disputes under the overagreement or any related agreement
11. Governing Law: Specification of Indonesian law as governing law and interpretation principles
12. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement provisions
1. Compliance with Laws: Specific section on regulatory compliance, particularly relevant if parties operate in regulated industries
2. Intellectual Property: Include if IP rights are likely to be relevant across multiple related agreements
3. Security and Performance Guarantees: Required if parties want to establish standard security requirements for all related agreements
4. Insurance: Include if standard insurance requirements will apply across all related agreements
5. Force Majeure: Detailed force majeure provisions if not covered in general provisions
6. Assignment and Subcontracting: Include if specific rules about assignment or subcontracting need to apply across all agreements
7. Data Protection: Required if personal data processing is involved in the business relationship
1. Template Related Agreement: Standard form for related agreements to be entered into under this framework
2. Authorized Signatories: List of persons authorized to sign related agreements
3. Compliance Requirements: Specific regulatory or compliance requirements applicable to all related agreements
4. Notice Details: Contact information and notice requirements for all parties
5. Standard Terms and Conditions: Common terms and conditions that will apply to all related agreements
6. Excluded Matters: List of matters or types of agreements that are explicitly excluded from this framework
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Energy
Infrastructure
Telecommunications
Healthcare
Retail
Mining
Agriculture
Construction
Transportation
Professional Services
Relevant Teams
Legal
Compliance
Corporate Secretariat
Business Development
Operations
Commercial
Risk Management
Procurement
Executive Management
Project Management
Relevant Roles
Chief Legal Officer
Legal Director
General Counsel
Contract Manager
Commercial Director
Chief Executive Officer
Chief Operating Officer
Head of Compliance
Legal Counsel
Business Development Director
Risk Manager
Corporate Secretary
Operations Director
Procurement Manager
Project Director
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