The Rental Waiver document serves as a critical legal instrument in Indonesian property law, typically employed during circumstances where temporary relief from rental obligations is warranted, such as during economic hardship, natural disasters, or extraordinary events affecting business operations. This document must comply with the Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) and relevant property regulations, while clearly delineating which obligations are being waived and which remain in force. It's particularly relevant in commercial and residential contexts where formal documentation of temporary rental concessions is necessary to protect both parties' interests. The waiver should be drafted with careful consideration of local regulations and may require registration with relevant authorities depending on the property type and location within Indonesia.
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1. Parties: Identification of the landlord/lessor and tenant/lessee, including their complete legal names, addresses, and any registration numbers for companies
2. Background: Context of the original rental agreement and the circumstances leading to this waiver
3. Definitions: Key terms used in the waiver document, including references to the original rental agreement
4. Waiver Details: Specific details of what is being waived (e.g., rent amount, period, other charges)
5. Effective Period: Duration or specific time period for which the waiver applies
6. Continuing Obligations: Clarification of which rental obligations remain in force despite the waiver
7. Legal Effect: Statement confirming the binding nature of the waiver and its relationship to the original rental agreement
8. Governing Law: Confirmation that Indonesian law governs the waiver
9. Execution: Signature blocks and execution requirements
1. Conditions Precedent: Any conditions that must be met before the waiver becomes effective
2. Representations and Warranties: Additional statements of fact or promises by either party, used when specific assurances are needed
3. Confidentiality: Provisions regarding confidentiality of the waiver terms, included when parties wish to keep the arrangement private
4. Force Majeure Reference: Reference to force majeure events leading to the waiver, particularly relevant for COVID-19 or disaster-related waivers
5. Government Approvals: Section addressing any required governmental or regulatory approvals, needed when dealing with regulated properties
1. Original Rental Agreement: Copy or key details of the original rental agreement being partially waived
2. Calculation Schedule: Detailed breakdown of waived amounts and remaining payment obligations
3. Property Details: Description and/or documentation of the rental property
4. Authority Documents: Copies of corporate or legal authority documents proving signatories' authority to execute the waiver
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