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Development Fee Agreement
"I need a Development Fee Agreement for a mixed-use real estate project in Jakarta, where our company will be the developer for a foreign investment company, with specific provisions for phased payments tied to construction milestones and compliance with Indonesian foreign investment regulations."
1. Parties: Identification of the developer and the client, including their complete legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the project overview and the parties' intentions
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Development Services: Detailed description of the development services to be provided
5. Development Fee Structure: Breakdown of fees, payment schedule, and calculation methodology
6. Payment Terms and Conditions: Terms of payment, including timing, method, currency, and any conditions precedent
7. Rights and Obligations: Detailed responsibilities and rights of both parties
8. Timeline and Milestones: Project schedule, key milestones, and delivery dates
9. Performance Standards: Quality standards and performance metrics for the development services
10. Representations and Warranties: Standard and specific warranties given by each party
11. Compliance with Laws: Obligations to comply with Indonesian laws and regulations
12. Intellectual Property Rights: Ownership and usage rights of any IP created during the development
13. Confidentiality: Protection of confidential information and trade secrets
14. Term and Termination: Duration of the agreement and circumstances for termination
15. Force Majeure: Provisions for unforeseen circumstances and their impact on obligations
16. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
17. Notices: Method and addresses for official communications
18. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Third Party Rights: Include when other parties may have rights under the agreement or when subcontractors are involved
2. Foreign Investment Provisions: Required when one party is a foreign entity, addressing compliance with Indonesian foreign investment laws
3. Environmental Compliance: Include for projects with significant environmental impact
4. Insurance: Detailed insurance requirements when specific coverage is needed for the project
5. Security Provisions: Include when performance bonds or other security measures are required
6. Change Control: Include for complex projects where scope changes are likely
7. Anti-Corruption and Anti-Bribery: Include for international projects or when required by corporate policies
8. Data Protection: Include when personal data processing is involved in the development services
1. Schedule 1 - Scope of Services: Detailed technical specifications of the development services
2. Schedule 2 - Fee Calculation: Detailed breakdown of fees, including formulas and examples
3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and deadlines
4. Schedule 4 - Key Personnel: List of key personnel from both parties involved in the project
5. Schedule 5 - Technical Requirements: Specific technical standards and requirements for the development
6. Schedule 6 - Performance Metrics: Detailed performance indicators and measurement criteria
7. Schedule 7 - Required Permits and Licenses: List of necessary regulatory approvals and permits
8. Appendix A - Form of Invoice: Template for invoices and payment documentation
9. Appendix B - Change Request Form: Standard form for requesting and documenting changes
10. Appendix C - Progress Report Template: Standard format for progress reporting
Authors
Applicable Laws
Approval
Base Fee
Business Day
Commencement Date
Completion Date
Confidential Information
Construction Documents
Development Fee
Development Period
Development Plans
Development Services
Development Site
Effective Date
Force Majeure Event
Good Industry Practice
Governmental Authority
Incentive Fee
Intellectual Property Rights
Key Personnel
Milestone
Milestone Payment
Performance Standards
Permits
Project
Project Budget
Project Documents
Project Manager
Project Owner
Project Schedule
Project Site
Property
Quarter
Regulatory Approvals
Related Entities
Scope of Services
Service Provider
Specifications
Subcontractor
Success Fee
Term
Territory
Third Party
Working Drawings
Appointment
Development Services
Fee Structure
Payment Terms
Development Timeline
Performance Standards
Representations and Warranties
Developer Obligations
Client Obligations
Regulatory Compliance
Permits and Licenses
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Liability and Indemnification
Insurance
Term and Duration
Termination
Assignment
Subcontracting
Change Control
Dispute Resolution
Governing Law
Notices
Anti-Corruption
Environmental Compliance
Health and Safety
Labor Requirements
Currency and Payment
Security
Third Party Rights
Record Keeping
Reporting Requirements
Audit Rights
Project Management
Quality Control
Variations
Default and Remedies
Severability
Entire Agreement
Amendments
Waiver
Counterparts
Real Estate
Construction
Infrastructure Development
Commercial Property
Residential Development
Industrial Development
Mixed-use Development
Urban Planning
Tourism and Hospitality
Special Economic Zones
Smart Cities
Sustainable Development
Legal
Development
Construction
Finance
Commercial
Operations
Compliance
Project Management
Business Development
Investment
Real Estate
Contract Administration
Development Director
Project Manager
Commercial Director
Legal Counsel
Construction Manager
Finance Director
Investment Manager
Property Development Manager
Contract Administrator
Chief Development Officer
Real Estate Director
Operations Manager
Compliance Officer
Business Development Manager
Project Coordinator
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