Lease And License Agreement for Indonesia

Lease And License Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that combines both lease and licensing elements, establishing the terms and conditions for the use and occupation of property while ensuring compliance with local property regulations and investment laws. This agreement addresses both the physical occupation of space (lease component) and the necessary permits and authorizations (license component) required under Indonesian jurisdiction, incorporating provisions for rent, maintenance, utilities, and compliance with local property regulations. The document is structured to protect both parties' interests while ensuring adherence to Indonesian Civil Code requirements and relevant property laws.

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What is a Lease And License Agreement?

The Lease and License Agreement serves as a crucial document in Indonesian property transactions, providing a comprehensive framework for property usage while ensuring compliance with local regulations. This document is particularly relevant when parties need to establish both occupancy rights and operational permissions within Indonesian jurisdiction. It is commonly used for commercial, industrial, or retail properties where the tenant requires both physical space and specific authorizations to conduct their business. The agreement must comply with the Indonesian Civil Code, Basic Agrarian Law, and relevant property regulations, while addressing key aspects such as rent, maintenance obligations, permitted use, and regulatory compliance. This document type is especially important in contexts involving foreign investment, as it must incorporate specific provisions required under Indonesian investment laws.

What sections should be included in a Lease And License Agreement?

1. Parties: Identification of the lessor/licensor and lessee/licensee, including their legal status and authorized representatives

2. Background: Context of the agreement, including property details and purpose of the lease and license

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Lease and License: Specific details of what is being leased and licensed, including the scope of permitted use

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Rent and License Fees: Payment terms, amounts, schedules, and review mechanisms

7. Security Deposit: Amount, terms, and conditions for return of the security deposit

8. Utilities and Services: Responsibilities for utilities, maintenance, and essential services

9. Use and Occupation: Permitted uses, restrictions, and compliance requirements

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

11. Insurance and Liability: Required insurance coverage and allocation of risks

12. Assignment and Subletting: Restrictions and conditions for transfer of rights

13. Default and Termination: Events of default, remedies, and termination procedures

14. Return of Property: Conditions and procedures for returning the property

15. Governing Law: Specification of Indonesian law as governing law

16. Dispute Resolution: Procedures for resolving disputes

17. Notices: Methods and addresses for official communications

18. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Lease And License Agreement?

1. Building Rules and Regulations: Applicable when the property is part of a larger building or complex

2. Fit-out Works: Include when tenant improvements or modifications are permitted

3. Common Areas: Required when the property includes shared facilities or spaces

4. Property Management: Needed when there's a property manager or management company involved

5. Environmental Compliance: Important for industrial or commercial properties with environmental impacts

6. Force Majeure: Detailed force majeure provisions for high-value or critical facilities

7. Additional Services: When lessor provides additional services beyond basic lease obligations

8. Foreign Investment Provisions: Required when lessee is a foreign entity, addressing investment law compliance

What schedules should be included in a Lease And License Agreement?

1. Property Description: Detailed description of the property including floor plans and boundaries

2. Rent and Payment Schedule: Detailed breakdown of rent, license fees, and payment terms

3. Service Charges: Breakdown of service charges and calculation method

4. Condition Report: Initial condition of the property and inventory of fixtures/fittings

5. Permitted Uses: Detailed list of permitted activities and use restrictions

6. Maintenance Schedule: Detailed maintenance responsibilities and schedules

7. Insurance Requirements: Specific insurance requirements and minimum coverage amounts

8. Building Rules: Detailed building rules and regulations if applicable

9. Form of Bank Guarantee: Template for bank guarantee if required as security

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Retail

Office Space

Industrial

Manufacturing

Warehousing

Commercial Property

Hospitality

Technology

Education

Healthcare

Financial Services

Logistics

Co-working Space

Relevant Teams

Legal

Operations

Facilities Management

Finance

Compliance

Real Estate

Corporate Services

Risk Management

Business Development

Property Management

Asset Management

Administration

Relevant Roles

Legal Counsel

Property Manager

Facilities Manager

Real Estate Director

Operations Manager

Chief Financial Officer

Compliance Officer

Asset Manager

Business Development Manager

Contract Administrator

Property Development Manager

Regional Manager

Investment Manager

Risk Manager

Corporate Services Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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