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ENTRUSTMENT BUSINESS AGREEMENT
FOR PROJECT ENTITLED “Special NMR Log
Analysis Service on LRLC Reservoir” (2020)
Japan Oil, Gas and Metals National Corporation
A Corporation (Name of ENTRUSTEE)
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ENTRUSTMENT BUSINESS AGREEMENT
This Entrustment Business Agreement (the “AGREEMENT”) is entered into on Month/
Day/ Year (the “EFFECTIVE DATE”) between Independent Administrative Institution
Japan Oil, Gas and Metals National Corporation (the “ENTRUSTOR”), having an address
at 10-1, Toranomon 2-Chome, Minatoku, Tokyo, 1050001, Japan, organized and existing
under the laws of Japan, and A Corporation (the “ENTRUSTEE”), having an address at
, organized and existing under the laws of
(Collectively the “PARTIES”).
RECITALS
WHEREAS, ENTRUSTOR offers an entrustment business project entitled “Special NMR
Log Analysis Service on LRLC Reservoir” (2020) (the “ENTRUSTED PROJECT”) to
ENTRUSTEE, and ENTRUSTEE desires to perform the ENTRUSTED PROJECT; and
NOW, THEREFORE, ENTRUSTOR and ENTRUSTEE mutually agree as follows:
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ARTICLE 1
DEFINITIONS OF TERMS USED IN THE AGREEMENT
1.1 “INTELLECTUAL PROPERTY RIGHT(S)” means rights (including any
applications for rights) relating to intellectual property and their corresponding rights in
foreign countries including to a patent right, a right to obtain a patent, a utility model right,
a right to obtain a utility model, a design patent right, a right to obtain a design patent, a
trademark right, a right to obtain a trademark, a trade dress right, a right to obtain a trade
dress, a right to obtain registration of the establishment of a layout-design exploitation right,
a copyright, and KNOW-HOW.
1.2 “BACKGROUND IP” means any INTELLECTUAL PROPERTY RIGHT
that exists prior to the ENTRUSTED PROJECT.
1.3 “RESULTING IP(S)” means any INTELLECTUAL PROPERTY RIGHT,
with the exception of BACKGROUND IP, that is created, conceived, or first actually
reduced to practice in the course of and/or as a result of the ENTRUSTED PROJECT shall
include any improvements made and include but is not limited to the code used or will be
used to solve the technical problems and challenges of the project with the non-traditional
methods and workflows and any improvements thereto.
1.4 “PROJECT RESULT(S)” means any research results and reports that are
created, acquired, or otherwise obtained in the course of and/or as a result of the
ENTRUSTED PROJECT.
1.5 “WHOLE PROJECT RESULTS” means entire PROJECT RESULTS.
1.6 “PROJECT MATERIAL(S)” means all materials, such as progress reports
and project reports that are submitted to ENTRUSTOR from ENTRUSTEE in the course of
and/or as a result of the ENTRUSTED PROJECT.
1.7 “including” means including, but not limited to.
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ARTICLE 2
DETAILS OF ENTRUSTMENT
2.1 The research scope, schedule, organization, and spending plan of the
ENTRUSTED PROJECT are described in the attached “Entrusted Project Research Plan”
(the “RESEARCH PLAN”).
2.2 ENTRUSTEE must execute the ENTRUSTED PROJECT in accordance with
the RESEARCH PLAN specified in Article 2.1. To the extent the RESEARCH PLAN is
modified according to Article 30, ENTRUSTEE must execute the ENTRUSTED PROJECT
in accordance with the modified RESEARCH PLAN.
ARTICLE 3
PROJECT PERIOD
3.1 A project period of the ENTRUSTED PROJECT begins on the EFFECTIVE
DATE and ends on Month DD, 2020.
ARTICLE 4
ENTRUSTED EXPENDITURE
4.1 The total amount to be paid by ENTRUSTOR to ENTRUSTEE for the
ENTRUSTED PROJECT shall not exceed the sum of [ ], inclusive of all taxes.
ARTICLE 5
ENTRUSTED EXPENDITURE SPENDING
5.1 ENTRUSTEE must spend the ENTRUSTED EXPENDITURE only
according to the RESEARCH PLAN. When the RESEARCH PLAN is modified according
to Article 30, ENTRUSTEE must spend the ENTRUSTED EXPENDITURE only according
to the modified RESEARCH PLAN.
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ARTICLE 6
CONTRACT DEPOSIT
6.1 ENTRUSTEE will not be required to provide any contract deposit to
ENTRUSTOR.
ARTICLE 7
APPROVAL OF NECESSARY MATTERS
7.1 With respect to matters that ENTRUSTOR deems necessary in the
ENTRUSTED PROJECT, ENTRUSTEE must submit documents to ENTRUSTOR in
advance according to ENTRUSTOR’s instructions and acquire ENTRUSTOR’s approval.
ENTRUSTEE must submit documents to ENSRUSTOR when the matters are changed.
7.2 When an accident or other important incident occurs during the execution of
the ENTRUSTED PROJECT, ENTRUSTEE must notify ENTRUSTOR without delay and
receive instructions from ENTRUSTOR.
ARTICLE 8
SUB-CONTRACTING
8.1 ENTRUSTEE must not further entrust the ENTRUSTED PROJECT to a
third party. However, when the third party is designated as an execution entity in the
RESEARCH PLAN or when ENTRUSTOR approves in writing, ENTRUSTEE may further
sub-contract aspects of the ENTRUSTED PROJECT to the third party.
8.2 If ENTRUSTEE sub-contracts any aspect of the ENTRUSTED PROJECT to
a third party according to the exception of Article 8.1, ENTRUSTEE must enter an
agreement with the third party to make the third party liable for fulfilling all relevant legal
obligations of ENTRUSTEE in the AGREEMENT; provided, however, that ENTRUSTEE
may make the third party not liable for all or a part of the relevant legal obligations of
ENTRUSTEE when ENTRUSTEE has an approval from ENTRUSTOR.
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8.3 If ENTRUSTEE sub-contracts any aspect of the ENTRUSTED PROJECT to
a third party according to the exception of Article 8.1, ENTRUSTEE must be liable to
ENTRUSTOR for any and all acts or omissions of the third party.
ARTICLE 9
BOOKKEEPING AND RECORDS
9.1 ENTRUSTEE must keep books and make the expenditure clear.
9.2 ENTRUSTEE must write each spending amount of the ENTRUSTED
EXPENDITURE according to expenses and items described in a spending plan of the
RESEARCH PLAN, organize documentary proof supporting the spending contents, and
keep the documentary proof for five (5) years from the next fiscal year of the year in which
the ENTRUSTED PROJECT is finished.
ARTICLE 10
SUBMISSION OF PROGRESS REPORT
10.1 ENTRUSTEE must prepare ENTRUSTED PROJECT “progress report(s)”
using FORM No. 1 and submit such progress report(s) to ENTRUSTOR at the time(s)
specified in the RESEARCH PLAN.
10.2 ENTRUSTEE must provide updates or details regarding the current state and
findings of the ENTRUSTED PROJECT or aspects thereof to ENTRUSTOR in addition to
the progress report specified in Article 10.1, as requested by ENTRUSTOR.
10.3 Notwithstanding anything in Article 10.1, ENTRUSTEE may partially or
entirely be exempt from preparing and submitting any progress report upon prior written
approval from ENTRUSTOR.
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ARTICLE 11
SUBMISSION OF PROJECT REPORT
11.1 ENTRUSTEE must prepare “a business report of the ENTRUSTED
PROJECT” (the “PROJECT REPORT”) pursuant to FORM No. 2 in which the results of
the ENTRUSTED PROJECT are described in detail and submit the PROJECT REPORT to
ENTRUSTOR no later than Month DD, 2020.
11.2 ENTRUSTEE will hold a report meeting for ENTRUSTOR upon the
submission of the PROJECT REPORT. The PARTIES will discuss the time and place of
the report meeting. However, the report meeting may not be held with ENTRUSTOR’s
approval.
11.3 ENTRUSTOR can request ENTRUSTEE to submit a detailed explanatory
material with respect to the PROJECT REPORT specified in Article 11.1.
11.4 If PROJECT REPORT is to be produced within Japan and is to be in the form
of documents , ENTRUSTEE must meet print paper and printing requirements specified by
ENTRUSTOR and submit “a print medium standard performance report” pursuant to FORM
No. 2-1 with the PROJECT REPORT.
ARTICLE 12
SUBMISSION OF SPENDING REPORT
12.1 ENTRUSTEE must prepare “a spending report” of the ENTRUSTED
PROJECT (the “SPENDING REPORT”) pursuant to FORM No. 3 in which the spending
results of the ENTRUSTED EXPENDITURE are described and submit the SPENDING
REPORT to ENTRUSTOR no later than Month DD, 2020 or within thirty (30) days from
the day following the end date of the ENTRUSTED PROJECT, whichever occurs first.
12.2 ENTRUSTOR can request ENTRUSTEE to submit a detailed explanatory
material with respect to the SPENDING REPORT specified in Article 12.1.
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ARTICLE 13
WARRANTY TO COPYRIGHT AND OTHER RIGHTS
13.1 ENTRUSTEE must take all necessary measures so that the PROJECET
MATERIALS do not infringe a copyright or other rights of a third party. When any dispute
arises between ENTRUSTEE and the third party with respect to the PROJECT
MATERIALS, ENTRUSTEE must handle the dispute and assume full responsibility for the
resolution of the dispute; provided, however, that when the third party name ENTRUSTOR
as an opposing party in the dispute, ENTRUSTEE must indemnify ENTRUSTOR from any
costs, damages, and fees in the dispute.
13.2 When any dispute arises as described in the following Articles 13.2 (1)-13.2
(3), ENTRUSTEE must handle the dispute and assume full responsibility for the resolution
of the dispute.
(1) The dispute arises with a third party so as to cause damage to such
third party upon the execution of the ENTRUSTED PROJECT.
(2) The dispute arises with a third party so as to cause damage to such
third party in accordance with a defect of the PROJECT REPORT.
(3) The dispute arises with a third party with respect to infringement of
rights, accidents, or any other reason so as to cause damage to such third party
upon the execution of the ENTRUSTED PROJECT or with respect to the
AGREEMENT.
However, when the third party names ENTRUSTOR as an opposing party in the dispute,
ENTRUSTEE must indemnify ENTRUSTOR from any costs, damages, and fees in the
dispute.
13.3 ENTRUSTOR will not assume any responsibility for the disputes specified
in Articles 13.2 (1)-13.2 (3) except for reasons attributed to ENTRUSTOR’s liability
specified in Articles 13.3 (1)-13.3 (4).
(1) ENTRUSTOR’s use of PROJECT RESUTLS in combination with
products or services not provided by ENTRUSTEE.
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(2) PROJECT RESULTS have been specifically modified, designed
and/or manufactured to meet ENTRUSTOR’s specifications.
(3) Out of unauthorized additions and modifications to PROJECT
RESULTS.
(4) ENTRUSTOR’s use of PROJECT RESULTS do not correspond to
ENTRUSTEE’s published standards or specifications.
ARTICLE 14
INSPECTION
14.1 When ENTRUSTOR accepts the PROJECT REPORT and the SPENDING
REPORT, ENTRUSTOR promptly conducts an inspection on the contents thereof.
14.2 ENTRUSTOR can conduct inspections described in the following Articles
14.2 (1) and 14.2 (2) in addition to Article 14.1.
(1) The inspections for the spending state of the ENTRUSTED
EXPENDITURE for the ENTRUSTED PROJECT during the execution of
the ENTRUSTED PROJECT.
(2) Other inspections determined to be necessary by ENTRUSTOR.
14.3 When ENTRUSTOR conducts the inspections specified in Articles 14.1-14.2
in ENTRUSTEE’s factories or offices (including a third party’s factories or offices if
ENTRUSTEE partially entrusts such third party with respect to the ENTRUSTED
PROJECT; the same applies hereafter), ENTRUSTOR can inspect goods, account books,
and the documentary proof supporting the spending contents and request ENTRUSTEE to
submit referential reports and materials to ENTRUSTOR.
14.4 When ENTRUSTOR conducts the inspections specified in Articles 14.1-14.3,
ENTRUSTOR must notify ENTRUSTEE in advance. When ENTRUSTEE partially
entrusts a third party with respect to the ENTRUSTED PROJECT, ENTRUSTEE must
notify such third party.
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14.5 Notwithstanding the above, the ENTRUSTEE and the third party entrusted by
the ENTRUSTEE shall have the right to exclude its/their confidential information and trade
secret out of the scope of inspection.
ARTICLE 15
DETERMINATION ENTRUSTED EXPENDITURE
15.1 As the results of the inspections specified in Articles 14.1-14.4, both
PARTIES shall reach agreement on the determined amount to ENTRUSTEE when
ENTRUSTOR affirms that the results of the inspections conform the AGREEMENT and its
conditions.
15.2 The determined amount of the ENTRUSTED EXPENDITURE specified in
Article 15.1 may be a lower amount between the CONTRACT AMOUNT and an
appropriate spending amount with respect to the ENTRUSTED EXPENDITURE.
ARTICLE 16
INVOICE AND PAYMENT OF ENTRUSTED EXPENDITURE
16.1 When ENTRUSTEE requests the ENTRUSTED EXPENDITURE,
ENTRUSTEE must submit “an invoice” pursuant to FORM No. 4 after the amount of the
ENTRUSTED EXPENDITURE is determined as per Article 15.
16.2 ENTRUSTOR will pay the determined amount of the ENTRUSTED
EXPENDITURE to ENTRUSTEE within thirty (30) days (the “STIPULATION PERIOD”)
from the date on which ENTRUSTOR receives the invoice specified in Article 16.1.
16.3 As exceptions to Article 16.2, when ENTRUSTEE owes any amount of
money, such as damages, penalties, late execution fees, to ENTRUSTOR, ENTRUSTOR
will pay an adjusted amount that is calculated by deducting the owed amount from the
determined amount of the ENTRUSTED EXPENDITURE to ENTRUSTEE, and such
adjusted amount shall be based on the mutual agreement by both PARTIES. When the
adjusted amount is negative, ENTRUSTOR can collect a deficit amount from ENTRUSTEE.
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ARTICLE 17
ESTIMATED PAYMENT
17.1 When ENTRUSTEE requests estimated payment to ENTRUSTOR,
ENTRUSTEE must submit “an estimated payment invoice” pursuant to FORM No. 5 to
ENTRUSTOR.
17.2 A cap on the estimated payment is determined in consideration of actual
spending or the determined amount of the ENTRUSTED EXPENDITURE.
ARTICLE 18
INTEREST FOR PAYMENT DELAY
18.1 When ENTRUSTOR fails to pay the ENTRUSTED EXPENDITURE to
ENTRUSTEE during the STIPULATION PERIOD specified in Article 16.2, ENTRUSTOR
is liable for interest on such overdue payment, to accrue (for example : two point seven
(2.6)) % a year from the day that such overdue payment was due until such overdue payment
will be paid.
ARTICLE 19
OWNERSHIP AND MANAGEMENT OF ACQUIRED TANGIBLE ASSETS
19.1 With respect to any tangible asset that is created, acquired, or otherwise
obtained in relation to ENTRUSTEE’s performance under the ENTRUSTED PROJECT (the
“ACQUIRED TANGIBLE ASSETS”), all such ACQUIRED TANGIBLE ASSETS must
belong to ENTRUSTOR, and ENTRUSTOR agrees to make ENTRUSTEE use all such
ACQUIRED TANGIBLE ASSETS.
19.2 ENTRUSTEE must manage the ACQUIRED TANGIBLE ASSETS in good
faith. A period during which ENTRUSTEE must manage the ACQUIRED TANGIBLE
ASSETS begins on the day ENTRUSTEE receives and inspects the assets or inspects
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completion of the assets and ends the day the ACQUIRED TANGIBLE ASSETS is
delivered to a destination designated by ENTRUSTOR.
19.3 With respect to the ACQUIRED TANGIBLE ASSETS, ENTRUSTEE must
maintain “an acquired asset management ledger” pursuant to FORM No. 6 and attach “an
acquired asset detailed specification” pursuant to FORM No. 7 to the SPENDING REPORT.
19.4 When ENTRUSTEE loses or damages any of the ACQUIRED TANGIBLE
ASSETS, ENTRUSTEE must bear liability for the damages. However, ENTRUSTEE will
not assume any responsibility for the damages except for reasons attributed to
ENTRUSTEE’s liability.
19.5 ENTRUSTEE must manage the ACQUIRED TANGIBLE ASSETS by
attaching a marking tag indicating ENTRUSTOR’s ownership thereof to distinguish the
ACQUIRED TANGIBLE ASSETS from other assets.
19.6 ENTRUSTEE is not allowed to use any of the ACQUIRED TANGIBLE
ASSETS for any purpose other than the execution of the ENTRUSTED PROJECT.
However, ENTRUSTEE may use the ACQUIRED TANGIBLE ASSETS for any purpose
other than the execution of the ENTRUSTED PROJECT with ENTRUSTOR’s approval.
19.7 ENTRUSTEE must accept the ACQUIRED TANGIBLE ASSETS by paying
the residual book value at the end of the project period except for cases where ENTRUSTOR
uses the ACQUIRED TANGIBLE ASSETS. However, when ENTRUSTOR determines
that the ACQUIRED TANGIBLE ASSETS have no economic value, ENTRUSTEE can
dispose the ACQUIRED TANGIBLE ASSETS.
ARTICLE 20
BACKGROUND INVENTION AND BACKGROUND IP
20.1 In the event that ENTRUSTEE’s BACK GROUND IP is necessary for
ENTRUSTOR in practicing PROJECT RESULTS, then ENTRUSTEE grants to
ENTRUSTOR a nonexclusive, nontransferable, royalty free license to use such BACK
GROUND IP solely for the purpose of this ENTRUSTED PROJECT.
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20.2 Notwithstanding anything to the contrary provided in this AGREEMENT, the
BACKGROUND IP owned by ENTRUSTEE and the INTELLECTUAL PROPERTY
RIGHT(S) independently developed by ENTRUSTEE are ENTRUSTEE’s exclusive
property and ENTRUSTEE will utilize them in providing services for its other customers.
Where the PROJECT MATERIAL(S) comprise reports and/or models generated using
ENTRUSTOR’S data, copyright ownership in such PROJECT MATERIAL(S) shall vest
with the ENTRUSTOR. ENTRUSTEE grants no title or license or right to ENTRUSTOR to
use the INTELLECTUAL PROPERTY of ENTRUSTEE except as necessary for
ENTRUSTOR to use the PROJECT MATERIAL(S). Except where expressly and
specifically indicated and agreed by ENTRUSTEE in writing in a separate development
agreement executed by the PARTIES, and in exchange for appropriate payment,
ENTRUSTEE shall not develop any other INTELLECTUAL PROPERTY to be owned by
ENTRUSTOR.
ARTICLE 21
RESULTING IP
21.1 When any RESULTING IP is made, ENTRUSTEE must promptly submit
“an intellectual property right notice” pursuant to FORM No. 9 to ENTRUSTOR.
21.2 When an notice specified in Article 21.1 is submitted, the PARTIES must
consult with each other in good faith to identify the scope and contents of the RESULTING
IP and how best to protect the RESULTING IP under an INTELLECTUAL PROPERTY
RIGHT, including whether to pursue any patent, copyright, or trade secret protection thereon.
21.3 Parties shall have consultation in respect of RESULTING IP licensing and
attribution.
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ARTICLE 22
OWNERSHIP OF WHOLE PROJECT RESULTS
22.1 ENTRUSTOR must own any and all WHOLE PROJECT RESULTS.
ENTRUSTEE agrees that any and all WHOLE PROJECT RESULTS are deemed to be
assigned to ENTRUSTOR by ENTUSTEEE when it is created.
ARTICLE 23
No REPRESENTATION
23.1 Any interpretation of data or interpretation of test or other data, and any
recommendations based upon such interpretations, are opinions based upon inferences from
measurements and empirical relationships and assumptions, which inferences and
assumptions are not infallible, and with respect to which professional geoscientists or
analysis may differ. Accordingly, ENSTRUSTEE does not warrant the accuracy, correctness
or completeness of any such interpretation, recommendation. ENTRUSTOR fully
responsibility for all such decisions of ENTRUSTOR’s activities.
ARTICLE 24
ESTABLISHMENT OF EMPLOYEE INVENTION RULE
24.1 ENTRUSTEE must conclude an agreement or establish an employee
invention policy in which any employee of ENTRUSTEE “agrees to assign, and hereby
assigns” INTELLECTUAL PROPERTY RIGHTS to ENTRUSTEE. However,
ENTRUSTEE may partially or entirely be exempt from concluding such agreement and
establishing such employee invention policy with ENTRUSTOR’s prior written approval.
ARTICLE 25
DESIGNATION OF WHOLE PROJECT RESULTS / IMPROVEMENT IP
25.1 Each PARTY must designate the WHOLE PROJECT RESULTS, if any, at
the time of preparing the PROJECT REPORT specified in Article 11 or thereafter.
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25.2 ENTRUSTEE must notify ENTRUSTOR if an improvement of any
RESULTING IP is created within five (5) years from the end date of the ENTRUSTED
PROJECT.
ARTICLE 26
OBLIGATION OF TECHNICAL COOPERATION
26.1 When ENTRUSTOR grants any rights to use or exploit WHOLE PROJECT
RESULTS to a third party, ENTRUSTEE must cooperate with such third party with respect
to technical matters so that such third party is able to smoothly exploit the RESULTING IP.
The PARTIES and such third party must consult with each other with respect to conditions
such as the contents of cooperation and compensation to ENTRUSTEE.
ARTICLE 27
SAFETY MANAGEMENT
27.1 ENTRUSTEE must ensure safety in cooperation with ENTRUSTOR
according to ENTRUSTOR’s “Guideline for safety control in overseas (General affaires
Guideline No.26 in 2004) decided on December/1/2004, latest updated on January/1/2019”
Notwithstanding anything to the contrary in this AGREEMENT, ENTRUSTOR and
ENTRUSTEE shall protect, defend, indemnify and hold each other and their respective
officers, directors, employees, contractors, subcontractors, agents, and invitees (collectively
referred to as “ GROUP”) harmless from and against any and all liability, claims, demands,
proceedings and causes of action resulting from: (a) the death or illness of or injury to any
of their respective personnel and the personnel of their respective GROUP, regardless of the
cause , including where the same is caused by or contributed to by the negligence, including
sole or concurrent, of the indemnified Party or its GROUP; and (b) the loss of or damage to
their respective property, and the property of their respective GROUP,including where the
same is caused by or contributed to by the negligence, including sole or concurrent, of the
indemnified Party or its Group.
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ARTICLE 28
CONFIDENTIALITY
28.1 The PARTIES agree that information of the other party’s business, technical,
and sales information in association with the AGREEMENT (the “CONFIDENTIAL
INFORMATION”) must be treated as confidential and must not be disclosed or leaked to a
third party, unless the other Party agrees, in writing, in advance of such disclosure. However,
this Article 28.1 will not apply to information specified in Articles 28.3 (1) – 28.3 (6).
28.2 The PARTIES agree that the CONFIDENTIAL INFORMATION must be
used only for the purposes of the ENTRUSTED PROJECT.
28.3 (1) Information that was publicly available before the other party
provides or each of the PARTIES acquires.
(2) Information that each of the PARTIES held before the other party
provides or each of the PARTIES acquires.
(3) Information for which the other party approves in writing that such
information is not treated as confidential.
(4) Information that is publicly available after the other party provides or
each of the PARTIES acquires without each of the PARTIES own
responsibility.
(5) Information that is legally obtained from a third party that has
legitimate authority and without imposing confidentiality obligation.
(6) Information that is requested or ordered to disclose due to laws, rules
or regulations, or instructions or orders from any governmental body or
judicial entity.
28.4 The PARTIES agree that upon the end, cancellation, or discontinuation of the
ENTRUSTED PROJECT or upon request of the other PARTY, any medium in which the
CONFIDENTIAL INFORMATION specified in Articles 28.1 is recorded or stored and any
copy thereof must be returned to the other PARTY or destroyed so as to maintain
confidentiality of the CONFIDENTIAL INFORMATION..
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28.5 PARTIES must take all reasonable measures to prevent information from
disclosing or leaking to a third party when each PARTY keeps, stores and manages
CONFIDENTIAL INFORMATION from the other PARTY.
28.6 ENTRUSTOR shall only provide ENTRUSTEE with copies of ENTRUSTOR’S data
and agrees that ENTRUSTOR shall retain all originals and/or backup copies of any data
provided to ENTRUSTEE. Risk of loss of ENTRUSTOR’S data is ENTRUSTOR’s while:
(i) in the possession of ENTRUSTOR or (ii) in the hands of a common carrier when the
customer data is being delivered to or from ENTRUSTEE’s location. ENTRUSTEE’s
liability for loss of all or part of ENTRUSTOR’S data is limited to the lesser of the cost of
reloading the latest available copy of data from ENTRUSTOR’s backup copy or the
aggregate fees paid by ENTRUSTOR for the services. In no event shall ENTRUSTEE be
liable to re-accomplish ENTRUSTOR’S data. For purposes of this AGREEMENT, “re-
accomplish” includes obtaining data by means of re- drilling or re-logging a well, or
reshooting a seismic line or survey.
28.7 This Article 28 shall survive for the period of ten (10) years after the termination of
this AGREEMENT.
ARTICLE 29
PUBLICATION OF WHOLE PROJECT RESULTS
29.1 ENTRUSTEE can publish part or entirety of the WHOLE PROJECT
RESULTS by itself with an approval from ENTRUSTOR in advance. ENTRUSTOR can
publish part or entirety of the WHOLE PROJECT RESULTS by itself with a notice to
ENTRUSTEE in advance.
29.2 When ENTRUSTEE publishes part or entirety of the WHOLE PROJECT
RESULTS specified in Article 29.1, ENTRUSTEE must notify ENTRUSTOR according to
FORM No.10 “Notice of Publish” at least thirty (30) days prior to the publication. However,
if ENTRUSTEE shows reasonable grounds to ENTRUSTOR, this Article 29.2 does not
apply.
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ARTICLE 30
REVISION OF RESEARCH PLAN
30.1 When ENTRUSTEE revises the contents of the RESEARCH PLAN during
the project period of the ENTRUSTED PROJECT, ENTRUSTEE must promptly submit “a
research plan revision application” pursuant to FORM No. 11 to ENTRUSTOR and obtain
approval from ENTRUSTOR. However, if the revision of the contents of the RESEARCH
PLAN is minor, this Article 30.1 does not apply.
30.2 When ENTRUSTOR approves the revision specified in Article 30.1,
ENTRUSTOR can set conditions.
30.3 When ENTRUSTEE makes a minor revision specified in the exception of
Article 30.1, ENTRUSTEE must submit “a research plan revision report” pursuant to FORM
No. 12 to ENTRUSTOR.
30.4 ENTRUSTOR can modify the RESEARCH PLAN specified in Article 2.1,
if reasonably necessary. Any modifications to the RESEARCH PLAN will be determined
in consultation with the ENTRUSTEE.
ARTICLE 31
TERMINATION OF AGREEMENT
31.1 ENTRUSTOR can partly or entirely terminate the AGREEMENT when
ENTRUSTEE encounters the circumstances in any one of the provisions specified in
Articles 31.1 (1) – 31.1 (4) during the research period of the ENTRUSTED PROJECT.
(1) ENTRUSTEE materially violates or disobeys an instruction from
ENTRUSTOR according to the AGREEMENT.
(2) It is impossible or extremely difficult to execute the ENTRUSTED
PROJECT due to the reason attributable to the ENTRUSTEE.
(3) ENTRUSTEE offers the termination of the AGREEMENT without
justifiable reason.
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(4) In connection with the fulfillment of the AGREEMENT, there is an
unlawful act by ENTRUSTEE or its employees.
31.2 ENTRUSTEE can partly or entirely terminate the AGREEMENT when
ENTRUSTOR breaches any Articles in the AGREEMENT so that it is impossible to
complete the ENTRUSTED PROJECT by ENTRUSTEE. If ENTRUSTEE suffers damages
due to ENTRUSTOR’s breach, ENTRUSTEE will obtain compensation from ENTRUSTOR.
The compensation amount will be decided upon consultation between the PARTIES, if
possible.
31.3 When one of the PARTIES falls in any one of Articles 31.3 (1) – 31.3 (3) so
as to terminate or revise the AGREEMENT, such one of the PARTIES must obtain approval
from the other of the PARTIES.
(1) ENTRUSTOR has an issue on its operation.
(2) Significant change on economic conditions occurs.
(3) Natural disaster or similar events occur.
31.4 When the AGREEMENT is terminated due to the provisions specified in
Articles 31. 1 – 31.3, ENTRUSTOR can request ENTRUSTEE to return part or entirety of
the ENTRUSTED EXPENDITURE (the “Termination Part”) within a certain period when
ENTRUSTOR already paid such part of entirety of the ENTRUSTED EXPENDITURE to
ENTRUSTEE.
ARTICLE 32
COMPENSATION OF DAMAGE
32.1 ENTRUSTOR must compensate ENTRUSTEE for any damage caused by
the reason attributed to ENTRUSTOR with respect to Article 31.
32.2 ENTRUSTEE must compensate ENTRUSTOR for any damage caused by
the reason not attributed to ENTRUSTOR with respect to Article 31. However, when the
damage is not attributed to the responsibility of ENTRUSTEE, the compensation of the
damage will be decided upon the consultation between the PARTIES, if possible.
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32.3 The damage amount specified in Articles 32.1 and 32.2 will be decided upon
the consultation between the PARTIES, if possible.
ARTICLE 33
PENALTY FOR TERMINATION OF AGREEMENT
33.1 ENTRUSTOR collects an amount calculated by multiplying 10/100 to the
Termination Part from ENTRUSTEE as a penalty when part or entirety of the
AGREEMENT is terminated by the reason attributed to the responsibility of ENTRUSTEE.
33.2 When ENTRUSTEE fails to pay the penalty specified in Article 33.1 to
ENTRUSTOR by the date specified by ENTRUSTOR, ENTRUSTEE is liable for interest
on such overdue penalty to accrue daily at three (3) % on the day that such overdue penalty
was due until such overdue penalty is paid so that ENTRUSTOR collects a sum of the
overdue penalty and the interest from ENTRUSTEE.
ARTICLE 34
FULFILLMENT DELAY PENALTY
34.1 When ENTRUSTEE is unable to submit the PROJECT REPORT and the
SPENDING REPORT by the due dates respectively specified in Articles 11 and 12 due to
the reason attributed to the responsibility of ENTRUSTEE, ENTRUSTEE must be liable for
a fulfillment delay penalty on the ENTRUSTED EXPENDITURE to accrue daily at zero
point five (0.5) % on the day that such submissions of the PROJECT REPORT and the
SPENDING REPORT were due until both the PROJECT REPORT and the SPENDING
REPORT will be submitted so that ENTRUSTEE has to pay the fulfillment delay penalty to
ENTRUSTOR. Both PARTIES agree that the total penalty assumed by ENTRUSTEE under
this Clause 34.1 shall not exceed five (5) % of the ENTRUSTED EXPENDITURE.
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ARTICLE 35
COMPLIANCE WITH ALL APPLICABLE LAWS
35.1 ENTRUSTEE agrees and warrants that ENTRUSTEE will comply with all
applicable civil, criminal, state, and federal laws and regulations in relation to this
AGREEMENT, the ENTRUSTED PROJECT, and the RESEARCH PLAN, including those
identified below. If ENTRUSTEE violates any of Article 35.1(1)-(4), ENTRUSTEE must
pay an amount calculated by multiplying 10/100 to the ENTRUSTED EXPENDITURE to
ENTRUSTOR as a penalty upon ENTRUSTOR’s request by the due date directed by the
ENTRUSTOR.ENTRUSTEE’s warranty obligations must survive expiration of this
AGREEMENT.
(1) All antimonopoly or antitrust rules, regulations, and laws of Japan and
the United States.
(2) All export control rules, regulations, and laws of Japan and the United
States.
(3) All anti-corruption rules, regulations, and laws of Japan and the
United States, including anti-bid rigging and anti-bribery rules, regulations
and laws of Japan and the United States, such as the U.S. Foreign Corrupt
Practices Act.
(4) All rules, regulations, and laws regarding criminal organizations or
enterprises, including U.S. anti-racketeering and anti-criminal enterprise laws.
In addition, ENTRUSTEE warrants that ENTRUSTEE will not have any
relationship with illegal entities, such as organized crime groups, gangs, or
the Mafia.
35.2 If ENTRUSTEE violates any of Article 35.1(1)-(4), ENTRUSTOR can
terminate the AGREEMENT.
35.3 ENTRUSTEE cannot be exempt from the penalty specified in Article 35.1 on
the grounds of the fulfillment of the AGREEMENT.
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35.4 In the case of Article 35.1, if ENTRUSTEE does not pay the penalty by the
due date, ENTRUSTEE must pay the delay interest at the rate of three (3)% per annum for
the period of the next day of the due date to the actual paying date.
35.5 Notwithstanding 35.1, when the actual damage to ENTRUSTOR exceeds the
amount of the penalty, ENTRUSTOR may claim the exceeded amount to the penalty to
ENTRUSTEE.
35.6 If ENTRUSTEE violates any of Article 35.1(1)-(4), ENTRUSTEE must
promptly notify ENTRUSTOR upon learning of such violation and must promptly submit
all related materials to ENTRUSTOR.
35.7 Notwithstanding anything to the contrary stated or implied in this
AGREEMENT, and to the fullest extent permitted by applicable law, ENTRUSTOR agrees
that neither ENTRUSTOR nor any third party may recover any special, punitive, incidental,
indirect or consequential damages, and any damages whether direct, indirect or otherwise
arising as a result of or in connection with: 1) loss of use of the PROJECT MATERIAL(S) ;
2) loss of data (except as stated in Clause 28.6), 3) loss of revenue, profit, anticipated profit
or loss of business; loss of investment; 4) loss of rig time ; 5) cost of substitute the services
provided by ENTRUSTEE or PROJECT MATERIAL(S) ; or claims attributed to the use of
or PROJECT MATERIAL(S) not in accordance with ENTRUSTEE’s published standards
or specifications.
35.8 The use and delivery of the services and PROJECT MATERIAL(S) in certain
countries that are subject to United States, United Nations, European Union or other similar
trade sanctions, may be prohibited. The transfer of ENTRUSTOR’S data across jurisdictions
may be prohibited. ENTRUSTOR is responsible for complying with all applicable trade
control and data residency regulations. ENTRUSTOR’s use of the PROJECT
MATERIAL(S) in violation of applicable trade control or data residency regulations will
result in the automatic termination of this ARGREEMENT, and ENTRUSTOR shall be
liable for all the responsibilities, claims, penalties and damages arising therefrom.
35.9 Notwithstanding anything to the contrary stated or implied in this AGREEMENT, and
to the fullest extent permitted by applicable law, ENTRUSTEE’s aggregate liability under
this AGREEMENT for all obligations and causes of action combined, is limited to, and
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ENTRUSTOR may recover (in tort, under common law or in equity) from ENTRUSTEE
only damages up to, the fees ENTRUSTOR has paid preceding the breach or event that
constitutes the basis of the claim for the relevant services which caused the damages (“Limits
of Liability”), regardless of the form of action upon which a claim for such damages may be
based, whether in contract, tort (including negligence or breach of statutory duty), strict
product liability or any other legal or equitable theory. ENTRUSTOR shall indemnify and
hold ENTRUSTEE harmless for anything arising therefrom in excess of the Limits of
Liability.
ARTICLE 36
MISCONDUCT IN RESEARCH ACTIVITIES AND MISAPPLICATION OF
PUBLIC RESEARCH SPENDING
36.1 ENTRUSTEE must approve ENTRUSTOR’s guidelines “Guideline for
misconduct in research activities (General affairs guideline No.133 in 2008) decided on
November/1/2008” and “Guideline for controlling research spending (General affairs
guideline No.143 in 2010) decided on March/25/2010”, and take all necessary measures
which research institutes in the guidelines must consider.
ARTICLE 37
HANDLING OF PERSONAL INFORMATION
37.1 ENTRUSTEE must handle and manage personal information (relating to a
liver person and such as name, date of birth, and other description or number identifiable
each individual, such as social security number) provided by ENTRUSTOR with the best
care and in good faith.
37.2 When ENTRUSTEE entrusts, re-entrusts, or outsources the handling and
management of such personal information to a third party, ENTRUSTEE must obtain written
agreement of such third party to comply with the same obligations as specified in Article 37.
37.3 ENTRUSTEE is not allowed to act in the same manner as any one of the
provisions specified in Articles 37.3 (1) and 37.3 (2); provided, however, ENTRUSTEE is
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allowed to act in the same manner as any one of Article 37.3(1) and (2) with ENTRUSTOR’s
prior approval.
(1) An act in which ENTRUSTEE provides such personal information to
a third party (except the provision specified in Article 37.2) or lets such third
party know such personal information.
(2) An act in which ENTRUSTEE uses, duplicates, or revises such
personal information beyond the scope of the purpose of the AGREEMENT.
37.4 When ENTRUSTEE handles such personal information, ENTRUSTEE must
establish the management system of the person in charge and matters necessary for the safety
management with respect to the inspection on the status of such personal information
management and has to take necessary steps to prevent such personal information from
leaking, losing, and damaging.
37.5 ENTRUSTOR can investigate whether ENTRUSTEE properly manages such
personal information in ENTRUSTEE’s office so as to instruct ENTRUSTEE to take
necessary measures.
37.6 ENTRUSTEE agrees that when the end, cancellation, or discontinuation of
the ENTRUSTED PROJECT or the termination of the AGREEMENT occurs,
ENTRUSTEE returns such personal information to ENTRUSTOR, deletes such personal
information stored in a medium by a method that cannot be restored or unreadable, and
destroys such medium. However, when ENTRUSTOR instructs, ENTRUSTEE has to
follow such instruction.
37.7 When ENTRUSTEE recognizes leaking, losing, and damaging of such
personal information or facts for any breach of the provisions specified in this Article 37
ENTRUSTEE must promptly take necessary measures to prevent those damages from
expanding and report occurrences of those damages, state of those damages, restoration
measures, and correspondence to an identified individual (a specific individual to be
identified by such personal information) to ENTRUSTOR.
37.8 Either Party must handle and manage personal information, which the Party
collects or creates with respect to the ENTRUSTED PROJECT, with the best care and in
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good faith to preserve the confidentiality of personally identifiable information and
according to all applicable rules, regulations and laws, including the Act on the Protection
of Personal Information of Japan and the Health Insurance Portability and Accountability
Act of the United States.
37.9 After the end of the ENTRUSTED PROJECT or after the completion of
fulfillment or termination of the AGREEMENT, Articles 37.1, 37.3, and 37.7 must survive
so that ENTRUSTEE is responsible for Articles 37.1, 37.3, and 37.7.
ARTICLE 38
ASSURANCE
38.1 If ENTRUSTOR discovers that the contents of PROJECT REPORT or
SPENDING REPORT are significantly different from the RESEARCH PLAN,
ENTRUSTOR can require ENTRUSTEE re-execute the ENTRUSTED PROJECT at
ENTRUSTEE’s expense, or cause ENTRUSTEE to revise the PROJECT REPORT and the
SPENDING REPORT.
ARTICLE 39
EFFECTIVE DATE OF NOTICE TO THE OTHER PARTY
39.1 The effective date of a notice sent from ENTRUSTOR to ENTRUSTEE is
the day on which ENTRUSTOR sends such notice. The effective date of a notice sent from
ENTRUSTEE to ENTRUSTOR is the day on which ENTRUSTOR receives such notice.
ARTICLE 40
REPRESENTATIVE CHANGE REPORT
40.1 When a representative or an address of ENTRUSTEE is changed,
ENTRUSTEE must promptly report the change to ENTRUSTOR.
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ARTICLE 41
PUBLICATION OF AGREEMENT
41.1 ENTRUSTEE agrees that the title of this AGREEMENT, the ENTRUSTED
EXPENDITURE, and the name and address of ENTRUSTEE will be published.
ARTICLE 42
DURATION CLAUSE
42.1 After the end of the ENTRUSTED PROJECT, or after the completion of
fulfillment or termination of the AGREEMENT, the following provisions specified in
Articles 42.1 (1) – 42.1 (3) must survive.
(1) Articles 9.2 is valid for specified period defined therein.
(2) Articles 14.2 (2), 14.3, and 14.4 are valid for five (5) years from the
next fiscal year of the year in which the ENTRUSTED PROJECT is finished.
(3) The following Articles are valid until each corresponding basis or
ground is expired:
Articles 19, 21, 22, 24, 25, 26, 29, 31.4, 35, 37.1, 37.3, and 37.7.
ARTICLE 43
CONSULTATION
43.1 Matters that are not stipulated in the AGREEMENT or matters on which
doubt has occurred are decided upon consultation between the PARTIES each time.
ARTICLE 44
DISPUTE RESOLUTION
44.1 With regard to the AGREEMENT, if the dispute cannot be resolved
satisfactorily even by consultation under Article 43, it shall be finally settled by arbitration
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in Tokyo, Japan in accordance with the Commercial Arbitration Rules of the Japan
Commercial Arbitration Association. The award rendered by the three (3) arbitrators shall
be final and binding upon both PARTIES hereto.
ARTICLE 45
GOVERNING LAW
45.1 The AGREEMENT is governed by the laws of Japan.
ARTICLE 46
TAXATION
46.1 All amounts to be invoiced under this AGREEMENT are inclusive of all
taxes and duties, and ENTRUSTEE is responsible for any such taxes or duties that may apply,
including, but not limited to, sales and use taxes, excise taxes, value added taxes,
consumption taxes, or goods and services taxes, and taxes imposed on or measured by
ENTRUSTEE’s net income. If ENTRUSTOR is required to withhold tax on any amounts
payable under this Agreement, subject to prior written notification to ENTRUSTEE, the
amount withheld shall be deducted from the amount of the invoice. ENTRUSTOR
undertakes to provide the original withholding tax receipts issued by the relevant tax
authorities together with details of the deductions covered within thirty (30) days of
collection of said receipts from the tax authorities. ENTRUSTOR shall endeavor to obtain
such receipts as soon as possible.
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IN WITNESS WHEREOF, the PARTIES, on their own behalf, have caused their
duly authorized officers to execute the AGREEMENT, on the dates below indicated.
Japan Oil, Gas and Metals National Corporation (Name of ENTRUSTEE)
BY: BY:
(TYPE NAME OF SIGNATURE) (TYPE NAME OF SIGNATURE)
TITLE: TITLE:
DATE: DATE:
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(FORM No. 1)
ENTRUSTED PROJECT PROGRESS REPORT FOR PROJECT ENTITLED
“*****” (20XX)
Month/Day/Year
Name of Company
(Paper size: A4)
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(FORM No. 1-1)
1. Details of implementation
Items of
implementation Progress status Results obtained
Issues in
implementation
(FORM No. 1-2)
2. Schedule
20XX 20XX
Items of
implementation Detail 4 5 6 7 8 9 10 11 12 1 2 3 Notes
(Note) Use line charts to follow progress status (See example above)
(FORM No. 1-3)
3. Breakdown of expenditures (In Japanese Yen)
Results
Items of
implementation
Sub items
/Expense
items
Budget
Estimated
payment
already
made
For the
current
period
Total Balance Note
(Paper size: A4)
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(FORM No. 2)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
PROJECT REPORT FOR PROJECT ENTITLED “*****” (20XX)
Please see the attached document prepared pursuant to Article 11.1 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for results of ENTRUSTED PROJECT.
1. Project agenda:
2. Date of contract:
3. Project Report: (No. of copies)
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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(FORM No.2-1)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
REPORT ON PRINTED MATTERS FOR PROJECT ENTITLED “*****” (20XX)
Please see the attached document prepared pursuant to Article 11.4 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for results of ENTRUSTED PROJECT.
1. Project Agenda:
2. Name of the material submitted:
Sincerely,
(signature of company representative)
(name)
(position in company)
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1. Printing Paper (Non-coated printing paper and/or coated printing paper)
Evaluation Criteria Achievement Reasons not to satisfy the Criteria
(1) Must fulfill one of the following.
a. For non coated printing paper, the composite rating
obtained by using the following numbers in the
formula in note 5 must be 80 or higher: content of
recycled pulp, pulp certified by forest certification
system, pulp manufactured with lumber from
thinning and others, proportion of pulp content that
is used in accordance with method of material
procurement with sustainable goals, and degree of
bleaching to be used for material.
b. For coated printing paper, the composite rating
obtained by using the following numbers in the
formula in note 5 must be 80 or higher: content of
recycled pulp, pulp certified by forest certification
system, pulp manufactured with lumber obtained
from thinning and others, proportion of pulp
content that is used in accordance with method of
material procurement with sustainable goals, and
amount of coating to be used for material.
Composite Rating
( )
(2) If virgin pulp is used as the raw material, the
pulpwood used is to be in compliance with the
regulations concerning forestry in its country or
geographical area of origin. This does not apply to
virgin pulp manufactured by using recycled wood
pieces obtained from plywood or lumber factories,
material left over from forestry, or lumber with
small diameter.
(3) The composite rating and its breakdown (index or
additional rating, as well as rating for each index
item) must be readily available on website etc.
(4) Not processed in a way that makes difficult to
recycle.
Factors for Consideration
(1) The recycled pulp content is as high as possible. (2) When virgin pulp is used as material, the pulpwood must be produced from forests that are
operated using sustainable methods. The content of pulp certified by forest certification system and pulp manufactured with lumber obtained from thinning and others is to be as high as possible.
(3) Packaging and stowage is to be as simple as possible and take into account ease of recycle and reduced environmental impact upon disposal.
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Note:
1. Pulp used in accordance with method of procurement of materials with sustainable goals, denotes one of the following:
a. Pulp used in accordance with policies for procuring pulpwood only from those forests which are operated in accordance with the viewpoint to use forest material both cyclically and sustainably by maintaining the diverse functions of the forests, while not contributing to the deterioration of the forest or the reduction of forest area, and which maintain environmental excellence, including preservation of biodiversity, and social excellence, including consideration for health and safety of workers.
b. Pulp used in accordance with policies for procuring recycled and unused pulpwood that would contribute to the effective application of resources (scrap wood, pulpwood derived from construction, lower standard pulpwood (leftover pulpwood from forestry, shrubbery, tree root, pulpwood obtained from logs affected by vermin and natural disasters, bent material, material with small diameter, etc.) and fiber from waste plants).
2. Lumber obtained from thinning and others denotes lumber obtained from thinning and bamboo. 3. Index item denotes content of recycled pulp, pulp certified by forest certification system, pulp
manufactured with lumber obtained from thinning and others, proportion of pulp content that is used in accordance with method of material procurement with sustainable goals, degree of bleaching, and amount of coating to be used for material. Proportion of pulp content that is used in accordance with material procurement with sustainable goals denotes pulp to be used in accordance with material procurement with sustainable goals, with the exception of pulp certified by forest certification system and pulp manufactured with lumber obtained from thinning and others.
4. Composite rating stands for the amount Y1 or Y2 listed in note 5. Index stands for amount per index item for x1, x2, x3, x4 as listed in note 5; Additional rating stands for amount per index item for x5, x6 as listed in note 5. Rating stands for the amount calculated in accordance with formulas for y1, y2, y3, y4, y5 as listed in note 5.
5. Composite rating, rating, index, and additional rating are to be derived from the following: Y1 = (y1 + y2 + y3) + y4 Y2 = (y1 + y2 + y3) + Y5 y1 = x1-10 (60≦x1≦100) y2 = x2 + x3 (0≦x2+x3≦40) y3 = 0.5×x4 (0≦x4≦40)
y4 = -x5 + 75 (60≦x5≦75, x5<60→x5=60, x5>75→x5=75) y5 = -0.5x6 + 20 (0≦x6≦10→x6=10, 10≦x6≦20→x6=20,20≦x6≦30→x6=30, x6>30→x6=40)
Y1, Y2 and y1, y2, y3, y4, y5, x1, x2, x3, x4, x5, x6 stand for the following amount. Y1 (composite rating of non coated printing paper): the sum of y1, y2, y3, y4 with the
amount below decimal point eliminated. Y2 (composite rating of coated printing paper): the sum of y1, y2, y3, y5 with the amount
below decimal point eliminated. y1: calculated rating for recycled pulp content, rounded to one decimal place. y2: calculated rating for the content of pulp certified by forest certification system and pulp
manufactured with lumber obtained from thinning, rounded to one decimal place. y3: calculated rating for proportion of pulp content that is used in accordance with method
of material procurement with sustainable goals, rounded to one decimal place. y4: calculated sum of degree of bleaching, rounded to one decimal place (not applied for
colored printing paper or fancy paper (including fine quality of colored paper and general colored paper used colorant)). 5 point adding in case of colored printing paper and fancy paper of Rank A (the one not obstructed in recycling to printing paper) that meet the criteria of “printing” (refer to printing section), there is no adding point for other paper.
y5: calculated sum of amount of coating, rounded to one decimal place. x1: content ratio of recycled pulp satisfying minimal guarantee (%)
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x2: content ratio of pulp certified by forest certification system (%) x2 = (pulp certified by forest certification system / virgin pulp) × (100-x1) x3: content ratio of pulp manufactured with lumber obtained from thinning and others (%) x3 = (pulp manufactured with lumber obtained from thinning and others / virgin pulp) ×
(100-x1) x4: content ratio of pulp that satisfy other sustainable goals (%) x4 = (pulp that satisfy other sustainable goals / virgin pulp) ×(100-x1) x5: degree of bleaching (%)
degree of bleaching is to be determined as management standard per each product lot at the time of production. Amounts within 3% of management standard are to be allowed. When coloring occurs with purposes other than to match the lot color (when bleaching is done intentionally) does not count towards additional points.
x6: amount of coating (g/㎡) amount of coating (coating on both sides) is to be determined as management standard per each product lot at the time of production.
6. When using printing paper for the copiers and the printers, each procurement organization must confirm the printability and print quality based on information offered by the paper manufacturer making public on the product or websites.
7. Confirmation of the legality and the sustainability of the forest where pulpwood producing paper originates from is, as for Wood-related Entities, to be conducted in accordance with Clean Wood Act and the Forest Agency’s “Guideline for Verification on Legality and Sustainability of Wood and Wood Products (February 15, 2006).” For other than Wood-related Entities, to be conducted in accordance with the Forest Agency’s Guideline.
8. Confirmation of lumber obtained from thinning to be used for pulp is to be done in accordance with “Guidelines for confirming thinning wood chips (February 13, 2009).
9. As paper is produced from a mixture of multiple wood chips, it is permissible to take into consideration the difficulty of securing the actual proportion for each product during the manufacturing process, and use the credit method that is in accordance with “Operation guidelines for credit method for pulp certified by forest certification system and pulp manufactured with lumber obtained from thinning (February 13, 2009)”, stipulated by Ministry of Environment. Credit method refers to a method whereby the appropriate use of pulp certified by forest certification system and pulp manufactured with lumber obtained from thinning and others are determined for each product, in accordance to the amount of usage for the two types of pulp in relation to other types of material used in a given time, without consideration for whether or not it is actually used in individual product.
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2. Printing
(I) Items and Evaluation Criteria
Evaluation Criteria Achievement Reasons not to satisfy the
Criteria
(1) Paper that conforms to the evaluation criteria for
printing paper (refer to Paper section). Cover page of
bounded material will be excluded and if virgin pulp
is used as the raw material, the pulpwood used is to
be in compliance with the regulations concerning
forestry in its country or geographical area of origin.
This does not apply to virgin pulp manufactured with
lumber obtained from thinning, or virgin pulp
manufactured by using recycled wood pieces
obtained from plywood or lumber factories, material
left over from forestry, or lumber with small
diameter.
(2) Material that will interfere with the recycle for
paper indicated in Table 1 Rank B, C and D are not
used. When they must be used for the usage and
purpose of the printed material, it is necessary to note
the part in which the material is used as well as
method of discarding or recycling.
(3) Recycle compliancy is indicated on the printed
material.
(4) At the each stage of work the printing, the
measures for the environmental consideration shown
in Table 2 shall be taken.
(5) Offset Printing
a. Inks contain vegetable based oil and inks whose
aromatic compounds are less than 1% must be used.
b. Chemical safety of inks is confirmed.
(6) Digital Printing
a. As for xerographic (Limited to dry toner method.),
the toner must be used that meets the evaluation
criteria lies chemical safety of the toner cartridge
(Refer to “Toner cartridge”).
b. As for xerographic (Limited to wet toner method.)
and as for inkjet method, chemical safety of toner
and inks is confirmed.
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Factors for Consideration
(1) Considering the usage and the purpose of printed matter, it must be lightened as much as possible.
(2) (2) Waste products are to be minimized through the promotion of digitization (employment of DTP, CTP, and DDCP methods, etc.).
(3) Control of volatile organic material (VOC) is taken into consideration. (4) Materials and parts such as used ink can, containers of inks or toners, and ink photosensitive
drums use again or will be recycled. (5) Use of the material that may produce harmful material for surface processing of cover page,
etc. of printed matter, should be limited as much as possible. (6) If virgin pulp is used as the raw material, the pulpwood used is to be in compliance with the
regulations concerning forestry in its country or geographical area of origin. This does not apply to virgin pulp manufactured with lumber obtained from thinning, or virgin pulp manufactured by using recycled wood pieces obtained from plywood or lumber factories, material left over from forestry, or lumber with small diameter.
(7) Packaging and stowage is to be as simple as possible and take into account ease of recycling and reduced environmental impact upon disposal.
Note:
1. Printing under consideration in the evaluation criteria in this section denotes the printing service for production of report documents, posters, flyers and pamphlets, it doesn’t apply when purchasing it as other category items such as stationary. However, if it is purchased as other category items, effort must be made to purchase which meet the evaluation criteria of printing section.
2. Offset printing is the printing method of shifting the printing inks to printing plate and re-shifting the inks to papers etc.
3. Digital printing is the printing method of without printing plate by electrophotography method or inkjet method.
4. Recycle compliancy noted in Evaluation Criteria (2) and (3) should be listed in accordance with “Guidelines for Producing Recycle-Compliant Printed Matter” created by Paper Recycling Promotion Center and operated by Japan Federation of Printing Industries. However, it does not apply if recycle-compliancy ranking test for used paper is not provided in the material used.
5. Recycle-compliancy in Evaluation Criteria (3) should be indicated as follows. However, it does not apply to the printed matter not to assume to recycle, for instance, in the case of preserves or keeps it for a long term. Recycle-Compliancy Ranking Test for used paper and method of display should take into account the investigation results of “Guidelines for Producing Recycle-Compliant Printed Matter” and make alterations as needed.
(1) When only material from rank A is used, May be recycled into printing paper must be indicated.
(2) When only material from rank A or B is used (with the exception of (1)), May be recycled into cardboard must be indicated.
(3) When material from ranks C or D is used, Unsuitable materials to recycling are used. 6. Each procurement organization must confirm material used with the Material Confirmation
Sheet shown in Table 3. It is considered that it might be preferable to do the luster lamination etc. for long-term use and the strength reinforcement etc. of printed matter. Select materials suitable for use appropriately.
7. Inks contain vegetable based oil indicates that meet the ratio of contents of vegetable based oil fulfill the requirement of each ink type provided as shown in the following table.
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Ink types Ratio of vegetable based oil content Journal rotary offset printing ink 30% or more
Non heat set printing ink for rotary press 30% or more
Sheet-fed printing ink (gold, silver, pearl and white ink)
20% or more (10% or more)
Business form ink 20% or more
Heat set printing ink for rotary press 7% or more
UV ink 7% or more
8. Aromatic compounds denote aromatic hydrocarbon compounds detected when applying component testing method of petroleum products determined by JIS K2536.
9. Green Standard for Off-set Printing and Green Printing Qualification System by Japan Federation of Printing Industries should be referenced for Evaluation Criteria (4), Factors for Consideration (2), (3), (4) and (5).
10. Each procurement organization must confirm the execution of standard of print at each stage of work, referring check list described as Table 4, if necessary.
11. Chemical safety of Evaluation Criteria (5) b. denotes that fulfill the following a and c. Chemical safety of Evaluation Criteria (6) b. denotes that fulfill the following a. or b. and c.
(a) Comply with the Japan Printing Ink Maker’s Association’s Self-imposed Controls on Printing Ink (Negative List Control) (revision on September, 2011).
(b) The standard content rate of specified chemical substances denotes the standard rate provided by JIS C 0950:2008 (The marking for presence of the specific chemical substances for electrical and electronic equipment) Appendix A, chart A.1 (specified chemical substances, chemical element symbol, substances applicable for calculation, and standard content rate). Items for which content rate exceeding the standard is allowed are to be determined in accordance with Appendix B of the above JIS.
(c) Identifying the target substances of Act on Confirmation, etc. of Release Amounts of Specific Chemical Substances in the Environment and Promotion of Improvements to the Management Thereof (Act No. 86 OF 1999) (It is necessary to have SDS (Safety Data Sheet).
12. Each procurement organization must try to estimate the necessary number or amount of printed matter properly so as not to become an excessive order.
13. Confirmation of the legality and the sustainability of the forest where paper originates from is to be conducted in accordance with the Forest Agency’s “Guideline for Verification on Legality and Sustainability of Wood and Wood Products (February 15, 2006).” In addition, certification system of forest, timber, etc. by prefectures etc. can be utilized for confirmation of legality.
Points to fill in the form
1. Fill in the names of the printings in the blank of “Name of Deliverables” such as Research Report, Pamphlet, Leaflet, Poster, and so on, and fill out forms and submit them by name of Deliverables.
2. All printings which were printed and handed for propagation and publicity other than usage for Customer with respect to the Pamphlet, Leaflet, and Poster etc. must be included in the results.
3. With respect to the column for ‘Achievement’, fill the numerical number in the column of 1.(1) (If multiple kinds of papers are used, write down the numbers of pages by kind of paper showing with the brackets of 〈 〉 .), and fill in ○ (yes) or ☓ (no), or slash out the columns (in case of no results) for columns other than 1. (1).
4. In the event that multiple kinds of papers are used, if a major portion of the entire pages is using the papers satisfied the Criteria, the column of Achievement shall be filled as satisfied.
5. When placing an order for printed products, Contractor shall confirm the materials used for such printing based on the Material Confirmation Sheet (Table 3), make reasonable endeavor to produce Recycle-Compliant Printed Matters, and submit the Sheet (Table 3) or its copy attached to Report on Printed Matters (FORM No.2).
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Table 1 : Recycle-Compliancy Ranking Test for Used Paper
Rank A Rank B Rank C Rank D
Will not interfere when recycling into paper or cardboard
Will interfere when recycling into paper, but will not interfere when recycling into cardboard
Will interfere when recycling into paper or cardboard
Cannot be recycled into paper or cardboard as even small amounts cannot be removed
(1)Paper
Regular paper Construction paper, coated paper, high quality paper, medium quality paper, straw paper
Processed paper Colored paper (Rank A)*, fancy paper (Rank A)* Resin permeated paper (water soluble)
Processed paper Colored paper (Rank B)*, fancy paper (Rank B)*, paper coated with resin such as polyethylene, etc., paper laminated with resin such as polyethylene, glassine paper, India paper
Processed paper Colored paper (Rank C)*, fancy paper (Rank C)*, resin permeated paper (excluding water soluble types), sulfate (parchment) paper, tarpaulin paper, wax paper, cellophane, synthesized paper, carbon paper, carbon-less paper, thermal paper, solderless paper
Processed paper Sublimation transfer paper, thermal foam paper, aromatic paper
(2) Inks
Regular inks Relief printing inks, flat printing inks (offset printing inks), gravure ink solvent, flexo-ink solvent, screen inks
Regular inks Water based gravure ink, water based flexo-ink
Specialty inks Recycle-ready UV ink☆, Silver and gold ink for offset printing, pearl ink, OCR ink (oil-based)
Specialty inks UV ink, silver and gold ink for gravure printing, OCR UV ink, EB ink, fluorescent ink
Specialty inks Thermal ink, low sensitivity ink, magnetic ink
Specialty inks Sublimating ink, foam ink, aromatic ink
Specialty Processing OP varnish
Digital Printing Inks Recycle-compliant Dry Toner ☆
Digital Printing Inks Dry Toner
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(3) Processing material
Binding Processing Binding wire, stapler, etc.; fine retardant EVA hot melt☆; PUR hot melt ☆ ; water based glue
Binding Processing Binding thread, EVA hot melt
Binding Processing Cross coating(cloth cross, paper cross)
Surface processing Glossy coat (varnished, press coating)
Surface processing Glossy laminating (PP coating); UV coating; UV laminating; foil coating
Other processing Recycle- compliant seals (all dissolve adhesive paper) ☆
Other processing Seals (with the exception of recycle-compliant types)
Other processing Three dimensional printed material (lenticular lens used)
(4) Others Foreign substance Adhesive tape (recycle-compliant)
Foreign substance Stone, glass, metal (excluding binding stapler, metal, etc.), sand, wood chips, plastic, cloth, building material (gypsum board, etc.), non-woven cloth, adhesive tape (excluding recycle-compliant types)
Foreign substance Fragrant accessories (deodorant, perfume, lipstick, etc.)
Note:
1. Each organization must confirm publishing in data base of “Producing Recycle-Compliant Printed Matter” operated by Japan Federation of Printing Industries, to use materials marked “☆” (Fine retardant EVA hot melt; PUR hot melt Recycle-ready UV ink, Recycle-compliant seals, Recycle-compliant Dry Toner).
2. Each organization must confirm the recycling aptitude of each product about materials marked “*” (colored paper and fancy paper), published by “The Ministry of the Environment Law on Promoting Green Purchasing. net”.
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Table 2 : Environmental Consideration Item and Criteria Relating Offset and Digital Printing at Each Process
Process Item Criteria
Proofing
Process
Digitization The process digitization ratio (adoption of DTP)
is 50% or more
Silver recovery from waste
liquid and plate-making film
In the process to use plate-making film, silver is
recovered from waste liquid and plate-making
film.
Plate
process
Reuse or recycling of
printing plates
Printing plates (of aluminum base material) are
reuse or recycled.
Printing
process
Offset VOC emission VOC emission suppressing measures such as
placing covers to discarded waste-cloths
containers and detergent containers are taken.
In the case of hot air drying printing in rotary
presswork, VOC emission treatment equipment is
installed and properly operated and managed.
Recycling for
papermaking
stock
The recycle ratio of spoilage, etc.(waste sheet and
remain sheet generated from the presswork) to
papermaking stock shall be 80% or more.
Digital Decrease of
negative
environmental
impact of the
printing machine
The activity of conservation of energy is taken
such as use of power-saving feature and power off
when unused.
Recycling for
papermaking
stock
The recycle ratio of spoilage, etc. (waste sheet
and remain sheet generated from printing process)
to papermaking stock shall be 80% or more.
Surface
treatment
VOC emission Alcohols are used at the concentration less than
30%.
Recycling for papermaking
stock
The recycle ratio of spoilage, etc. (waste sheet,
remain sheet and remain film generated from
gloss coating process) to papermaking stock shall
be 80% or more.
Binding
treatment
Suppress noise and
vibrations
Approaches are made to suppress noise and
vibrations such as prohibiting windows and doors
from being kept open, etc.
Recycling for papermaking
stock
The recycle ratio of spoilage, etc. (waste sheet
generated from binding treatment process) to
papermaking stock shall be 70% or more.
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Note: 1. This criteria is assumed the one applied to the other party does the main process of the print
service regardless of the main contractor or the subcontract of the print service, and not applied to the other party who does a part of process of the print service that relates to the offset printing or digital printing.
2. In proofing process, it only has to fill either of Digitalization or Silver recovery from the waste liquid and the make-up film.
3. Silver recovery in proofing process indicates having a silver collection system or hand it over to the recycling trader and the waste collection trader who has adopted the silver collection system. It is necessary to execute the silver recovery from the waste liquid and the plate-making film, exclude an impossible case technically.
4. It is necessary to execute the printing plates reuse or recycling (recycling is included which the printing plates while keeping the quality and the reproducing to the printing plates again.) in plate process, exclude an impossible case technically.
5. It is considered as meeting the evaluation criteria if making and operating the manual etc., to execute measures concerned about VOC emission in offset printing process, Decrease of negative environmental impact of the printing machine in digital printing process and Suppress noise and vibration in binding treatment process.
6. Recycling to the papermaking stock etc. in digital printing process and surface treatment process includes recycling (processing to RPF and energy recovery etc.) other than recycling for papermaking stock etc.
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Table 3 : Material Confirmation Sheet (sample)
Date: To: Japan Oil, Gas and Metals National Corporation
XYZ Company Material Confirmation Sheet
Printing material Used (○)
Recycle- Compliancy ranking
Category Manufacturer, product name
Note
Paper Text ○ A High quality paper xx paper manufacturing
Front cover
○ A Construction paper
xx paper manufacturing
Back cover
○ A High quality paper
xx paper manufacturing
Covering material
Ink
○ A Flat printing ink xx ink company
Processing
Binding processing
○ A PUR Hot melt xx chemicals
Surface processing
○ A OP varnish xx chemicals
Other processing
Others
↓ Recycling procedures Evaluation
Only material from rank A is used May be recycled into printing paper ○
Only material from ranks A and B are used May be recycled into cardboard
Material from ranks C or D are used Unsuitable materials to recycling are used
Note:
1. Refer to recycle-compliancy ranking test for used paper in the latest “Guidelines for Producing Recycle-Compliant Printed Matter”, when filling in Material Confirmation Sheet about the printing material.
2. With respect to the sample sheet above, fill ○ in the row of “Only material from rank A is used” when “Recycle-Compliancy rankings” are all A. In the case that rank B materials are used only as a part of entire materials, fill ○ in the row of “Only material from ranks A and B are used”. In the case that rank C or rank D materials are used only as a part of entire materials, fill ○ in the row of “Material from ranks C or D are used”.
3. In case of using materials such as paper and ink that recycle-compliancy ranking for used paper is not provided, fill out “Outside the rank” in the column of recycle-compliancy ranking.
4. This sheet form can be changed according to the necessity for the inquiry of content and the necessity for stamps, etc.
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Table 4: Environmental Consideration Checklist for Offset Printing Process (sample)
Date:
To: Japan Oil, Gas and Metals National Corporation
XYZ Company
Environmental Consideration Checklist for Offset Printing Process
Process Achievement Standard (Content of demand)
Proofing
process
Yes/No 1. Meet the one of the following.
A: The process digitization ratio (adoption of DTP) is 50% or
more.
B: In the process to use plate-making film, silver is recovered
from waste liquid and plate-making film.
Plate
process
Yes/No 2. Printing plates (of aluminum base material) are reuse or
recycled.
Printing
process
Offset Yes/No 3. VOC emission suppressing measures such as placing covers to
discarded waste-cloths containers and detergent containers are
taken.
Yes/No 4. In the case of hot air drying printing in rotary presswork, VOC
emission treatment equipment is installed and properly
operated and managed.
Yes/No 5. The recycling ratio of spoilage (waste sheet and remain sheet
generated from the presswork) to papermaking stock shall be
80% or more.
Digital Yes/No 6. The activity of conservation of energy is taken such as use of
power-saving feature and power-off when unused.
Yes/No 7. The recycle ratio of spoilage, etc. (waste sheet and remain sheet
generated from printing process) to papermaking stock shall be
80% or more.
Surface
processing
Yes/No 8. Alcohols are used at the concentration less than 30%.
Yes/No 9. As an approach for promoting recycling, the recycle ratio of
waste sheets, etc. (waste sheet, remain sheet and remain film
generated from gloss coating process) to recycled paper, etc. is
80% or more.
Binding
processing
Yes/No 10. Approached are made to suppress noise and vibration such as
prohibiting windows and doors from being kept open, etc.
Yes/No 11. The recycle ratio of spoilage, etc. (waste sheet generated from
binding treatment process) to papermaking stock shall be 70%
or more.
Note: This sheet form can be changed according to the necessity for the inquiry of content and the necessity for stamps, etc.
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(II) Target Setting Guideline
Ratio of the number of printing jobs that meet the criteria to the number of printing jobs to be procured (including those that are ordered as a part of other services such as commissions to outside groups) in the fiscal year.
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(FORM No. 3)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
SPENDING REPORT FOR PROJECT ENTITLED “*****” (20XX)
Please see the attached document prepared pursuant to Article 12.1 of
ENTRUSTMENT BUSINESS AGREEMENT (20XX) for spending results of the
ENTRUSTED EXPENDITURE.
1. Project agenda:
2. Date of contract:
3. Outline of ENTRUSTED PROJECT:
4. Expenditure required for ENTRUSTED PROJECT:
1) Spending results
2) Breakdown of expenditures (Please see attachment)
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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Breakdown of expenditures (FORM No. 3-Attachment)
(In Japanese Yen)
Research items (A) (B) Result of estimated payment for
XX quarter (C)
(D) (E) (E)-(B)=(F) (A)-(E)=(G)
(MM - MM) (MM - MM) (MM - MM)
Items /Expense items Budget Estimated payment
already made
MM MM MM Total Spending result Expected
amount
Amount of
invoice
Balance
(1)Labor cost
(2)Direct cost
1.
2.
3.
(3)Outsourcing cost
1.
2.
(4)General administrative cost
((1)+(2))*X%
Subtotal (Net of tax)
Consumption tax, etc.
Total (including tax)
Note: (In case of diverting budget, describe method of diversion.)
(Notes) 1. In case of being attached to Estimated Payment Invoice, fill out (B) and (C). 2. In case of being attached to Spending Report, fill out all blanks other than (c).
(1) In “Spending result”, input labor cost and general administrative cost, etc. newly calculated without regard to e stimated payment already made.
(2) In “Expected amount”, input amount of spending result allowed as necessary expenses within budget (in case of diversion, input the amount after diversion).
(3) In “Amount of invoice”, input expected amount minus estimated payment already made. (4) Maximum rate of general administrative cost is 10%.
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(FORM No. 4)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
INVOICE OF ENTRUSTED EXPENDITURE FOR PROJECT ENTITLED “*****”
(20XX)
Please see the information below prepared pursuant to Article 16.1 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for invoice of ENTRUSTED EXPENDITURE.
1. Project agenda:
2. Date of contract:
3. Contract amount:
4. Estimated payment already made:
5. Amount of invoice requested:
6. Bank account for payment:
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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(FORM No. 5)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
ESTIMATED PAYMENT INVOICE OF ENTRUTED EXPENDITURE
FOR PROJECT ENTITLED “*****” (20XX)
Please see the information below prepared pursuant to Article 17.1 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for estimated payment invoice.
1. Project agenda:
2. Date of contract:
3. Contract amount:
4. Estimated payment already made:
5. Amount of estimated payment requested:
6. Breakdown of expenditures (as per attachment)
7. Reason to request estimated payment:
8. Bank account for payment:
(Note) In case of purchasing an asset which costs ¥ 100,000 and over and estimated payment
for such an asset is requested, make sure to attach “Statement of Asset(s) Acquired in 20XX”
(FORM No. 7).
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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(Form No. 5-Attachment)
Breakdown of Expenditures (In Japanese Yen)
Research items (A) (B) Result of estimated payment for
XX quarter (C)
(D) (E) (E)-(B)=(F) (A)-(E)=(G)
(MM - MM) (MM - MM) (MM - MM)
Items /Expense items Budget Estimated payment
already made
MM MM MM Total Spending result Expected
amount
Amount of
invoice
Balance
(1)Labor cost
(2)Direct cost
1.
2.
3.
(3)Outsourcing cost
1.
2.
(4)General administrative
cost
((1)+(2))*X%
Subtotal (Net of tax)
Consumption tax, etc.
Total (including tax)
Note: (In case of diverting budget, describe method of diversion.)
(Notes) 1. In case of being attached to Estimated Payment Invoice, fill out (B) and (C). 2. In case of being attached to Spending Report, fill out all blanks other than (C).
(1) In “Spending result”, input labor cost and general administrative cost, etc. newly calculated without regard to e stimated payment already made.
(2) In “Expected amount”, input amount of spending result allowed as necessary expenses within budget (in case of diversion, inpu t the amount after diversion).
(3) In “Amount of invoice”, input expected amount minus estimated payment already made. (4) Maximum rate of general administrative cost is 10%.
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(FORM No. 6)
Acquired Asset Management Ledger (For the year ended MONTH DATE, 20XX)
(In Japanese Yen)
No. Name and/or structure Period of durability
qty Acquired Date
Acquisition cost
(excluding tax)
Depository Note
T o t a l
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(FORM No. 7)
Acquired Asset Detailed Specification
(For the year ended MONTH DATE, 20XX)
(In Japanese Yen)
No. Name and/or structure Period of durability
qty Acquired Date
Acquisition cost
(excluding tax)
Depository Note
(Note) This form is for asset(s) which cost(s) ¥ 100,000 and over (service life of 1 year and over). Attach pictures(s) showing overall appearance of the equipment, etc.
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53
(FORM No. 8)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
INVENTION NOTICE
FOR PROJECT ENTITLED “*****” (20XX)
Please see the attached document prepared pursuant to Article 21.1 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for invention(s) that can be subject of intellectual
property rights.
1. Title of the invention, etc.:
2. The name and address of the inventor:
3. Attachment - Explanation of the invention, etc. (explanation and drawing, etc.)
(Note) “Explanation of the invention, etc.” may not be prepared in accordance with the format of patent description and drawing prepared upon application of patent. Draft prepared for presenting a paper or for lecture at academic society, notice of employee invention, schematic chart and its explanation for an invention, etc. that provides sufficient information to understand the contents of invention may be acceptable.
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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54
(FORM No. 9)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
INTELLECTUAL PROPERTY RIGHT NOTICE
FOR PROJECT ENTITLED “*****” (20XX)
Please see the information below prepared pursuant to Article 21.1 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX).
1. Title of contract, etc.
Effective date Contract amount
Title of contract
2. Development item:
3. Type of intellectual property right related to application:
4. Title of invention:
5. Filing date:
6. Application number:
7. Applicant:
8. Agent:
9. Registration date:
10. Registration no. :
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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55
(FORM No. 10)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
NOTICE OF PUBLISH
FOR PROJECT ENTITLED “*****” (20XX)
Please see the information below prepared pursuant to Article 34.3 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for publishing a part of results of XXX (title of
ENTRUSTED PROJECT).
Name:
Title:
Published to:
Summary:
Data, etc. used:
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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56
(FORM No. 11)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
RESEARCH PLAN REVISION APPLICATION
FOR PROJECT ENTITLED “*****” (20XX)
Please see the information below prepared pursuant to Article 35.1 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for requested revisions(s) of research plan.
1. Project agenda:
2. Date of contract:
3. Progress status of ENTRUSTED PROJECT:
4. Detail of revision of plan:
5. Reason of revision of plan:
6. Impact of revision on the plan:
(Note)
(1) Application must be filed pursuant to this form upon execution of agreement for revision
(2) Application must be filed pursuant to this form upon cancellation of this agreement
(including cancellation in part) including measures thereafter.
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)
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57
(FORM No. 12)
Document No.
Month/Day/Year
(name of company sending this letter)
(address)
Mr. / Ms. XXX
Executive Vice President
Japan Oil, Gas and Metals National Corporation
(address)
RESEARCH PLAN REVISION REPORT
FOR PROJECT ENTITLED “*****” (20XX)
Please see the information below prepared pursuant to Article 35.3 of ENTRUSTMENT
BUSINESS AGREEMENT (20XX) for revisions(s) of research plan.
1. Detail of revision of plan:
2. Reason of revision of plan:
3. Date of revision of plan:
Sincerely,
(signature of company representative)
(name)
(position in company)
(Paper size: A4)