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Settlement Agreement Ex Gratia Payment
"I need a Settlement Agreement Ex Gratia Payment under Indonesian law for a voluntary payment of IDR 500,000,000 to a former consultant, with payment to be made by March 15, 2025, including strict confidentiality provisions and international wire transfer requirements."
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1. Parties: Identification of the parties making and receiving the ex gratia payment, including their legal details and authority to enter into the agreement
2. Background: Context of the settlement, explicitly stating the voluntary nature of the payment and that there is no admission of liability
3. Definitions: Key terms used in the agreement, including 'Ex Gratia Payment', 'Effective Date', and other relevant definitions
4. Ex Gratia Payment: Details of the payment amount, timing, method, and currency of payment, with clear statement of its voluntary nature
5. Tax Provisions: Treatment of taxes, including responsibility for payment and any withholding requirements under Indonesian law
6. Release and Waiver: Comprehensive release of claims and waiver of rights by the receiving party
7. Confidentiality: Obligations regarding confidentiality of the agreement and its terms
8. Representations and Warranties: Basic representations about authority to enter agreement and understanding of its terms
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
10. Execution: Signature requirements and execution formalities under Indonesian law
1. Non-Admission of Liability: Separate section explicitly stating that payment does not constitute admission of liability (if not covered in background)
2. Return of Property: Required when settlement involves return of company property or documents
3. Non-Disparagement: Mutual obligations not to make negative statements, often included in sensitive cases
4. Future Cooperation: Provisions regarding cooperation in future matters, useful in business relationship contexts
5. Sanctions Compliance: Required for international payments or when parties are subject to international sanctions
6. Currency Conversion: Needed when payment involves foreign currency conversion
7. Bank Indonesia Reporting: Required for payments above certain thresholds or involving foreign currency
1. Payment Details Schedule: Detailed breakdown of payment amount, timing, and bank account information
2. Form of Release: Standard form of release to be signed upon receipt of payment
3. Tax Calculation Schedule: Breakdown of tax implications and calculations if complex tax arrangements apply
4. Required Regulatory Forms: Any forms required by Bank Indonesia or other regulatory authorities
5. Related Agreements: List of any related agreements being settled or terminated
6. Authority Documents: Copies of corporate authorizations or powers of attorney
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