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Construction Operating Agreement
"I need a Construction Operating Agreement under Indonesian law for a 500-bed private hospital project in Jakarta, where the contractor will also operate the facility's maintenance systems for 10 years after completion in March 2025."
1. Parties: Identification of the contracting parties, including their legal status and registration details
2. Background: Context of the agreement, project overview, and parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Work: Detailed description of construction and operational services to be provided
5. Term and Extensions: Duration of the agreement and conditions for extension
6. Construction Requirements: Specific construction standards, methodologies, and compliance requirements
7. Operating Standards: Standards and requirements for facility operation post-construction
8. Permits and Licenses: Requirements for obtaining and maintaining necessary permits
9. Payment Terms: Payment structure, mechanisms, and conditions
10. Performance Security: Requirements for performance bonds and other security arrangements
11. Health, Safety and Environment: HSE requirements and compliance standards
12. Risk and Insurance: Risk allocation and required insurance coverage
13. Force Majeure: Definition and consequences of force majeure events
14. Default and Termination: Events of default and termination procedures
15. Dispute Resolution: Procedures for resolving disputes including jurisdiction choice
1. Foreign Investment Provisions: Required when foreign investment is involved, addressing specific requirements under Indonesian investment law
2. Land Access and Rights: Include when land rights need to be secured or clarified
3. Financing Arrangements: Required when project financing is part of the agreement structure
4. Local Content Requirements: Include when specific local content obligations apply to the project
5. Technology Transfer: Required when technology transfer is part of the project scope
6. Community Development: Include when community development obligations are part of the project requirements
7. Environmental Management Plan: Required for projects with significant environmental impact
8. Change in Law Provisions: Include for long-term agreements to address regulatory changes
1. Technical Specifications: Detailed technical requirements and standards for construction and operation
2. Site Plan and Drawings: Plans, drawings, and technical documentation of the facility
3. Performance Standards: Specific performance metrics and requirements
4. Payment Schedule: Detailed payment terms, milestones, and calculations
5. Equipment and Materials: List of required equipment and materials with specifications
6. Key Personnel: List of key personnel and their qualifications
7. Forms of Certificates: Template certificates for completion, acceptance, etc.
8. Forms of Bonds and Guarantees: Templates for required bonds and guarantees
9. HSE Requirements: Detailed health, safety, and environmental requirements
10. Insurance Requirements: Detailed insurance specifications and coverage requirements
Authors
Applicable Laws
Approved Drawings
Authority
Background IP
Base Date
Certificate of Completion
Change in Law
Change Order
Commencement Date
Commissioning
Completion Date
Construction Documents
Construction Period
Construction Phase
Construction Schedule
Construction Site
Construction Works
Contractor
Contractor's Equipment
Day
Defects
Defects Liability Period
Delivery Point
Design Documents
Dispute
Emergency
Environmental Management Plan
Equipment
Extension of Time
Facility
Final Acceptance
Final Completion Certificate
Force Majeure Event
Good Industry Practice
Governing Law
Government
Handover
Health and Safety Plan
Independent Engineer
Indonesian Rupiah
Initial Operation Date
Insurance
Intellectual Property Rights
Key Personnel
Legislative Requirements
License
Local Content
Maintenance
Material Adverse Effect
Materials
Milestone
Notice
Operating Manual
Operating Period
Operating Phase
Operating Standards
Operator
Owner
Payment Certificate
Performance Bond
Performance Standards
Performance Tests
Permits
Project
Project Manager
Project Schedule
Quality Assurance Plan
Ready for Operation
Regulatory Approval
Site
Specifications
Subcontractor
Substantial Completion
Technical Standards
Term
Testing
Third Party
Time for Completion
Variation
Warranty Period
Work Program
Works
Appointment
Term
Construction Requirements
Construction Program
Site Access and Conditions
Design Obligations
Materials and Workmanship
Quality Assurance
Testing and Inspection
Completion and Handover
Operating Requirements
Performance Standards
Maintenance Obligations
Personnel Requirements
Health and Safety
Environmental Compliance
Local Content
Permits and Licenses
Payment
Invoicing
Taxes
Performance Security
Insurance
Risk Allocation
Intellectual Property
Confidentiality
Force Majeure
Change in Law
Variations
Suspension
Default
Termination
Liability and Indemnification
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Counterparts
Language
Anti-Corruption
Representations and Warranties
Infrastructure
Real Estate
Industrial Manufacturing
Energy
Mining
Healthcare
Education
Transportation
Telecommunications
Hospitality
Retail
Warehousing and Logistics
Legal
Operations
Construction
Engineering
Commercial
Procurement
Risk and Compliance
Finance
Health Safety and Environment
Project Controls
Quality Assurance
Project Director
Construction Manager
Operations Manager
Legal Counsel
Contract Manager
Chief Engineer
Technical Director
Risk Manager
Compliance Officer
Commercial Manager
Procurement Manager
HSE Manager
Finance Director
Project Control Manager
Quality Assurance Manager
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