th , 20xx AGREEMENT on [ ] THE PARTIES TO THIS AGREEMENT This Agreement is made and entered into effective by and between: (1) Japan Oil, Gas and Metals National Corporation, a corporation duly organized and existing under the laws of Japan, which is 100% funded by the Ministry of Economy, Trade and Industry (METI), having its place of business at 1-2-2, Hamada, Mihama-ku Chiba-City Chiba-Prefecture 261-0025 Japan (hereinafter referred to as “Customer”); and (2) [ ], a corporation duly organized and existing under the laws of [ ], having its place of business at [ ] (hereinafter referred to as “Contractor”). Customer and Contractor may also be referred to herein individually as a “Party” or collectively as the “Parties”. PURPOSE Contractor understands that Services to be provided under this Agreement is a part of the Methane-Hydrate Research and Development Project (hereinafter referred to as “Project”), which is conducted by METI, that METI instructs Customer, National Institute of Advanced Industrial Science and Technoligy and Japan Methane Hydrate Operating Co.,Ltd (hereinafter collectively referred to as “Project Participants”) to execute Project on behalf of METI, and that Project Particitants wish to satisfy the instruction of METI by MIZ_SS20190827AZ
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th , 20xx
AGREEMENT
on
[ ]
THE PARTIES TO THIS AGREEMENT
This Agreement is made and entered into effective by and between:
(1) Japan Oil, Gas and Metals National Corporation, a corporation duly organized and existing under
the laws of Japan, which is 100% funded by the Ministry of Economy, Trade and Industry
(METI), having its place of business at 1-2-2, Hamada, Mihama-ku Chiba-City Chiba-Prefecture
261-0025 Japan (hereinafter referred to as “Customer”); and
(2) [ ], a corporation duly organized and existing under the laws of [ ], having
its place of business at [ ] (hereinafter referred to as “Contractor”).
Customer and Contractor may also be referred to herein individually as a “Party” or collectively as
the “Parties”.
PURPOSE
Contractor understands that Services to be provided under this Agreement is a part of the Methane-
Hydrate Research and Development Project (hereinafter referred to as “Project”), which is conducted
by METI, that METI instructs Customer, National Institute of Advanced Industrial Science and
Technoligy and Japan Methane Hydrate Operating Co.,Ltd (hereinafter collectively referred to as
“Project Participants”) to execute Project on behalf of METI, and that Project Particitants wish to
satisfy the instruction of METI by executing Project on behalf of METI. Based on such understanding,
Customer wishes to contract out the execution of the Services to Contractor, and Contractor wishes to
do so, on the terms and conditions set out below.
WHEREAS for and in consideration of the covenants and agreements hereinafter contained and set
forth to be kept and performed by Parties hereto, and payments to be made, Parties agree as follows;
TERM OF AGREEMENT
This Agreement shall become effective as of the [ ] day of [ ], 20xx, and shall remain
effective until [ ] day of [ ] 20xx inclusive unless or until terminated earlier under clause
17.
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AMOUNT OF AGREEMENT
The total amount to be paid by Customer to Contractor for Services shall not exceed the sum of [
], inclusive of all taxes.
1. Definitions
In this Agreement, the following words have the following meanings:
“Agreement” shall mean these terms and conditions for execution of Services and any
applicable amendment and any addenda thereto, as agreed to by the Parties from time to time.
“Background IP” means all Proprietary Information and all the IPR which is either existed and
owned by a Party and/or its licensors prior to the date of this Agreement, and/or which comes
into existence during the Term of this Agreement other than as a result of or in relation to the
execution of the Services of this Agreement.
“Deliverable(s)” refers to any products, reports, presentations or other documentation (whether
in printed or electronic form) which shall be submitted by Contractor and received by Customer
from time to time as the outcome of the Services.
“Intellectual Property Rights (IPR)” means:
(a) Patent set forth in Patent Law (law No.121 in 1959), Utility Model Right set forth in Utility
Model Law (law No.123 in 1959), Design Right set forth in Design Law (law No.125 in
1959), Right to Use Layout Design of Integrated Circuits set forth in Law of Layout Design
of Integrated Circuits (law No.43 in 1985), Variety Registration set forth in The Plant
Variety Protection and Seed Act (Act No. 83 of May 29, 1998), and each right in foreign
countries corresponding to each of the rights described above:
(b) Right to be entitled to a patent set forth in Patent Law, Right to be entitled to a utility model
right set forth in Utility Model Law, Right to be entitled to a design right set forth in Design
Law, Right to be entitled to a right to use layout design of integrated circuits set forth in
Law of Layout Design of Integrated Circuits, Right to obtain a Variety Registration, and
each right in foreign countries corresponding to each of the rights described above:
(c) Copyright as set forth in Copyright Law and a right in foreign countries corresponding to
the said copyright:
(d) Technical Information which may be kept confidential and is proprietary in nature,
designated by the Parties hereto through mutual consultation (hereinafter referred to as
“Know-How”), and:
(e) Any other intellectual property rights and other proprietary rights including without
limitation trade marks and trade names (including any attached goodwill), registered
database rights and any applications for any of the foregoing together with any right or form
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of protection of a similar nature and having equivalent or similar effect to any of them
anywhere in the world.
“Invention and Others” means invention to be entitled to patent, devisal to be entitled to utility
model right, and creation to be entitled to design right, and creation to be entitled to right to use
layout design of integrated circuits, and, accumulation to be entitled to Know-How.
“Practice” of IPR means the acts set forth in Article 2 Sub-Clause 3 of Patent Law, the acts set
forth in Article 2 Sub-Clause 3 of Utility Model Law, the acts set forth in Article 2 Sub-Clause 3
of Design Law, the acts set forth in Article 2 Sub-Clause 3 of Law of Layout Design of
Integrated Circuits, the acts to execute the right set forth in Article 21 to Article 28 of Copyright
Law, and exploitation of Know-How.
“Proprietary Information” means and includes without limitation designs, drawings, reports,
processes, information, analysis, get up and any other technical or commercial information and
data and any unfinished versions of the same in any form or medium.
“Services” refers to those tasks, collectively or individually, outlined in general terms in Scope
of Work as described in Exhibit(s) attached hereto (hereinafter referred to as “Scope of Work
(SOW)”), to be provided to Customer by Contractor.
“Willful Misconduct” means a conscious willful act or conscious willful failure to act which is
deliberately committed with the intent to cause harm or injury to persons or property.
2. Services
2.1 Contractor shall provide, execute and complete Services set forth in SOW, for the sole and
exclusive benefit of Customer. For the avoidance of doubt, Contractor may continue to provide
services to other customer(s) during the Term of Agreement.
2.2 Contractor shall execute Services subject to the specification of SOW, including but not limited
to the schedule, staffing and expenditure plan. Amendment of SOW that may result in a change
of the work schedule and/or the remuneration amount shall become effective only when agreed
to in writing by the authorized representatives of both Parties, in which event, the original SOW
will be revoked and replaced by the amended SOW.
2.3 Contractor’s personnel shall comply with all of Customer’s workplace rules and requirements
identified by Customer while at Customer’s facility.
3. Reporting of Incidents
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Contractor shall promptly report to Customer by Incident Report (Form No.1) and receive an
instruction from Customer in case of an occurrence of any accident(s) or other material
incident(s) during the course of execution of Services.
4. Submission of Deliverable(s)
4.1 Contractor shall submit Deliverable(s) to Customer within the Term of Agreement.
4.2 When Deliverable(s) are to be produced within Japan, and are to be in the form of documents,
Contractor shall comply with the standard of papers for printing and printing for designated
work based on Basic Policy on Promoting Green Purchasing, the principle for promotion of
procuring Eco-friendly goods and services (Cabinet’s decision on February 8th, 2019), decided
in relation to the Law Concerning the Promotion of Procurement of Eco-friendly Goods and
Services by the State and Other Entities (Law No. 100 in 2000) and submit a “Report on Printed
Matters” (Form No.2) to Customer together with Deliverable(s).
5. Amendment of SOW
5.1 In the following events, Contractor shall promptly submit an “Application for Amendment of
Scope of Work” (Form No. 3) to Customer and have Customer’s approval.
(a) When Contractor seems not to be able to complete Services within the Term of Agreement
because of any accidents or other material incidents,
(b)When Contractor wishes to alter or amend “Budget of Remuneration” in SOW (hereinafter
referred to as “BOR”).
(c) When Contractor wishes to discontinue or suspend Services.
5.2 In the event of giving approval as stated in clause 5.1, Customer may propose to attach any
conditions.
5.3 Notwithstanding clause 5.1(b), when the amendment(s)is minor or the amount of the mutual
appropriation between any two items, with the exception or prohibition of an appropriation
from an item to Direct Personnel Cost and to Overheads, is less than 10% of the smaller amount
among such two items, Contractor may submit a “Notification for Amendment of Scope of
Work” (Form No.4) to Customer instead of submission of “Application for Amendment of
Scope of Work” (Form No.3).
6. Prohibition of Sub-Contract as a whole
Contractor shall not contract out Services to a third party in whole.
7. Sub-Contract
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7.1 Contractor may contract out a part of Services to a third party which wishes to execute the
Services on behalf of Contractor (hereinafter referred as “Sub-Contractor”) including but not
limited to companies with which Contractor has an alliance, only on the occasions set out
below;
(1) When such Sub-Contractor is stipulated in the SOW.
(2) When Customer agrees that Contractor contracts out a part of Services to such Sub-
Contractor.
7.2 In the event described in clause 7.1, Contractor shall remain responsible for the performance of
such Sub-Contractor.
7.3 In the event described in clause 7.1, Contractor shall enter into a contract with such Sub-
Contractor, the terms and conditions of which shall not be contradictory to the Agreement.
8. Prohibition of Assignment of the Obligatory Rights
8.1 Contractor shall not assign, transfer or inherit the obligatory right arising from Agreement, in
whole or in part, to a third party without the prior written consent of Customer. This enjoinment,
however, shall not apply to in the following events.
(a) When Contractor is to transfer the obligatory right to Credit Guarantee Association.
(b) When Contractor is to transfer the obligatory right to a special purpose vehicle prescribed by
Article 2 Sub-Clause 3 of Law for Liquidation of Assets (law No.105 in 1998).
(c) When Contractor is to transfer the obligatory right to a financial organization prescribed by
Article 1 Sub-Clause 2 of Order for Enforcement of the Small Business Credit Insurance Act
(cabinet ordinance No.350 in 1950).
8.2 In the event that Contractor transfers the obligatory right subject to the proviso of clause 7.1,
before its completion of benefit obligation under this Agreement, and gives Customer an
acknowledgement or requests for Customer’s consent prescribed by Article 467 of Civil Code
(law No.89 in 1896) or Article 4 Sub-Clause 2 of Perfection Law, Customer shall retain its right
to assert the following (a) to (c).
The same shall apply to the case when a party who took over Contractor’s obligatory right
(hereinafter referred to as “Assignee”) gives Customer an acknowledgement prescribed by
Article 4 Sub-Clause 2 of Perfection Law, or requests for Customer’s consent prescribed by
Article 467 of Civil Code or Article 4 Sub-Clause 2 of Perfection Law.
(a) Customer to reserve all contradictions against Contractor, under Agreement, when giving its
consent.
(b) Assignee not to prevent the possession or exertion of the obligatory right (including, without
limitation, tradition of the obligatory right, establishment of the right of pledge), to a third
party other than the party described in the proviso of clause 8.1.
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(c) Customer may alter the contents of the Agreement through deliberation solely with Contractor,
even after the tradition of the obligatory right. In this event, Assignee shall not lodge an
objection. When the alteration of Agreement affects the substance of the obligatory right, the
measure will be settled solely between Contractor and Assignee.
9. Notification of Completion
Upon completion of Services, Contractor shall promptly submit “Notification of Completion”
(Form No.5) to Customer.
10. Inspection for Completion of Services
10.1 On receipt of the “Notification of Completion”, Customer shall promptly inspect whether
Services completed are complied with Agreement and confirm the completion of such
Services.
10.2 When Customer inspects the completion of Services, Customer may request Contractor to
submit additional explanatory documents, if necessary.
10.3 After such confirmation, Customer shall promptly receive Deliverable(s).
10. 4 Customer may use Deliverable(s), in whole or in part, before the receipt of such Deliverables
referred to clause 10.3, with Contractor’s consent.
11. Submission of Accounting Report
11.1 Contractor shall prepare and submit to Customer an accounting report (hereinafter referred to as
“Accounting Report”) covering all expenditures by Contractor for the Services, itemized as
per BOR, together with the relevant evidencing papers and supporting documentations (such as
receipts for air travel, hotel and foods, vendor’s invoices and receipts), together with a
Covering Letter for the Accounting Report (Form No.6), within the Term of Agreement.
11.2 Notwithstanding clause 11.1, the due date for Accounting Report can be altered, if Contractor
presents an “Application: Delay to submit Accounting Report” (Form No. 7), before the
termination of Agreement, with Customer’s consent.
11.3 As needed, Customer may request Contractor to submit documents and others describing the
evidence of Contractor’s expenses in more detail in connection with the Accounting Report.
12. Settlement of the Amount of Remuneration
12.1 In the event that Customer receives Accounting Report, Customer shall promptly examine the
content of such report.
12.2 As needed, Customer may inspect account-books and documents evidencing the expenses
related to Services, and have Contractor submit additional reports and materials to be
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referenced on-site or the business premises of Contractor (including the business premises of
Sub-Contractor) in which event Customer shall give a prior notice to Contractor.
Notwithstanding any other provisions stated herein above or in Agreement, Contractor shall
have the right to exclude, from the scope of any inspection executed by Customer, its trade
secrets, personal information, formulae and processes irrelevant to this Agreement.
12.3 In the event that necessary examination is conducted and the results thereof are accepted by
Customer as conforming to the terms and conditions of this Agreement, the amount of
remuneration for the Services shall be settled and notified to Contractor by Customer.
12.4 The amount of remuneration provided in clause 12.3 shall be settled conforming to each
article of “Entrustment business paperwork manual” made and published by Minister’s
secretariat accounts section of METI.
12.5 It is expressly acknowledged by both Parties that such amount of remuneration provided in
clause 12.3 shall be settled so as to be the sum of expenses properly incurred for the Services or
the Amount of Agreement, whichever is lower, and so that the actual expenses of each items,
shall not exceed its sum specified in BOR.
13. Invoice and Payment
13.1 Contractor shall submit invoice(s) to Customer after the notification referred to clause 12.3.
13.2 No later than thirty (30) days after such invoice(s) is deemed to be received by Customer,
Customer shall make cash payment(s) for Services to a bank account designated by Contractor
by way of electronic bank transfer.
13.3 In the event that payments by Contractor to Customer for damage compensation, breach
penalty, delay penalty and others is to be made, the sum of such payments may be deducted
from the sum of the settled amount of remuneration subject to clause 12.3, and if, despite this,
the balance leaves a shortage, Customer may charge Contractor such shortage.
14. Interim Payment(s)
14.1 Upon Contractor’s request, Parties may agree on interim payment(s) to Contractor before the
completion of Services.
14.2 The amount of Interim Payment shall be agreed not to exceed the total amount of BOR.
14.3 Contractor shall submit invoice(s) for Interim Payments to Customer when Contractor requests
such payment.
15. Overdue Interest
In the event that Customer does not make payment(s) for Services on or before the due date,
Customer shall make payment of 2.7% per annum of the accrued amount payable as Overdue
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Interest (round down to the nearest one Japanese Yen) for the days of the period from the day
following the due date until the date the payment is made(hereinafter referred as “Overdue
Days”), provided, however, that Customer shall not be liable for failure of its obligation of
payment due to the occurrence of any act of Force Majeure. In the event of Force Majeure, the
number of days for the duration of such Force Majeure will be eliminated from Overdue Days.
16. Refund and Payment of Difference
16.1 In the event that Contractor received Interim Payments stipulated in clause 14 and the sum of
such Interim Payments exceeds the settled amount of remuneration described in clause 12,
Contractor shall refund the amount exceeding the settled amount of remuneration based on the
instruction made by Customer.
16.2 In the event that Contractor received Interim Payments stipulated in clause 14 and the sum of
such Interim Payments are less than the settled amount of remuneration, Contractor shall submit
invoice for the difference between such Interim Payments and the settled amount of
remuneration to Customer. Customer shall make payments based on the practice as stated in
clause 13.
17. Termination
17.1 In the event that either Party wishes to terminate all or a part of Agreement during the Term of
Agreement due to one of the following causes, the terminating Party shall notify the other Party
in writing and have the other Party’s written consent to such termination.
(a) Upon the occurrence of any difficulties relating to Project implementation by Customer.
(b) Upon the occurrence of any difficulties for Contractor to continue to execute Services.
(c) Upon the occurrence of an economic upheaval.
(d) Upon the occurrence of a natural disaster or any other Force Majeure events.
17.2 Notwithstanding clause 17.1, either Party may by written notice to the other Party immediately
terminate all or a part of this Agreement where:
(a) The other Party has materially breached Agreement and has failed to remedy the breach within
thirty (30) days starting from the date of a written notice by the Party specifying the breach and
requiring that it be remedied,
(b) The other Party violates the Article 3 or 8 of Act on Prohibition of Private Monopolization and
Maintenance of Fair Trade (Low No.54 in 1947) and that leads to either of the following
events;
a. “cease and desist order” is rendered stipulated in paragraph (1) in Article 49 of Act on Prohibition of Private Monopolization and Maintenance of Fair Trade.
b. “payment order” is rendered stipulated in paragraph (1) in Article 49 of
Act on Prohibition of Private Monopolization and Maintenance of Fair Trade.
c. “a decision” is rendered stipulated in paragraph (4) in Article 49 of Act on Prohibition
of Private Monopolization and Maintenance of Fair Trade.
d. “payment of a surcharge” is not ordered stipulated in paragraph 18 or 21 in Article 7-2 of Act on Prohibition of Private Monopolization and Maintenance of Fair
Trade.
(c) The other Party or its board member or employee appears to have relationships with a gang or
gangster(s) specified in the Article 2 of the Law on Preventing Illegal or Unreasonable
Behaviors by Gangsters (Law No.77 in 1991), or
(d) The other party ceases to carry on its business, is unable to pay its debts by the due date, is
declared bankrupt, compounds with its creditors or receives an order or a resolution passed for
the winding up of the other Party or the appointment of an administrator, receiver, liquidator or
manager of the other Party or a similar event occurs under any applicable law within the
country of the Party’s establishment.
17.3 The expiry or early termination of this Agreement for any reason stated in clause 17.1 and 17.2
shall not affect this clause 17.3, clause 18, clause 19, clause 20, clause 21, clause 22, clause 26,
clause 27, clause 29, clause30, clause 31, clause 32, clause 33, and clause 34, which shall
continue in force notwithstanding such termination for five (5) years from the date first above
written.
17.4 In the event that all or a part of Agreement terminates as stipulated in clause 17.1 by the notice
of Customer, Customer shall pay all costs and expenses for execution of Services incurred by
Contractor prior to receipt of notice of termination, provided, however, that such payment by
Customer shall not exceed the Amount of Agreement.
17.5 In the event that all or a part of Agreement terminates as stipulated in clause 17.1 by the notice
of Contractor, Contractor shall refund all the amount received from Customer prior to receipt of
notice of termination. Customer may request Contractor to pay up to the additional amount of
10% of Amount of Agreement as a cancellation charge and Contractor shall pay such amount to
Customer.
17.6 In the event that all or a part of Agreement terminates as stipulated in clause 17.2 by the notice
of Contractor, Customer shall pay all costs and expenses for execution of Services incurred by
Contractor prior to receipt of notice of termination, provided, however, that such payment by
Customer shall not exceed the Amount of Agreement.
17.7 In the event that all or a part of Agreement terminates as stipulated in clause 17.2 by the notice
of Customer, Contractor shall refund all the amount received from Customer prior to receipt of
notice of termination and pay the additional amount of 10% of Amount of Agreement to
4. Countermeasures or Remedies taken for the Incident:
5. How does it affect the original plan:
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Form No.2
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Report on Printed Matters
(under the provisions of Agreement, clause 4.2)
1. Date of the Agreement:
2. Agreement:
Name of Deliverable:
1.Printing Paper (Non-coated printing paper and/or Coated printing paper)
Evaluation Criteria Achievement Reasons not to satisfy the Criteria
(1) 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 is 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 is 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 amount of coating to be used for
Composite Rating( )
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material. (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 a small diameter.
(3) The composite rating and its breakdown (index or additional rating, as well as rating for each index item) are 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 was produced from forests that are operated using sustainable methods. The content of pulp certified by forest certification system and pulp manufactured with lumber 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 recycling and reduced environmental impact upon disposal.
Notes: 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 from thinning and others denotes lumber from thinning and bamboo. 3. Index item denotes 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, 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 from thinning and others.
4. Composite rating stands for the amount Y1 or Y2 listed in note 5.
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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.
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 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 (%) 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 from thinning and others (%)
x3= (pulp manufactured with lumber 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/m2) 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 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
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for credit method for pulp certified by forest certification system and pulp manufactured with lumber 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 from thinning and others are determined for each product, in accordance with 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
(1) Items and Evaluation Criteria
Evaluation Criteria
<Common 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 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 a 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) Recyclability 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.
<Individual Criteria>(1) Offset Printing
a. Inks contain plant based oil and inks whose aromatic compounds are less than 1% are used.
b. Chemical safety of inks is confirmed.
(2) Digital Printinga. As for xerographic (Limited to dry toner
method.), the toner is 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.
Factors for Consideration
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(1) Considering the usage and the purpose of printed matter, it is lightened as much as possible.
(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 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 a 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.
Notes: 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 procuring 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. Recyclability noted in Evaluation Criteria <Common Criteria> (2) and (3) should be listed in accordance with “Guidelines for Producing Recyclable Printed Matter” created by Paper Recycling Promotion Center and operated by Japan Federation of Printing Industries. However, it does not apply if recyclability ranking test for used paper is not provided in the material used.
5. Recyclability in Evaluation Criteria <Common 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. Recyclability Ranking Test for used paper and method of display should take into account the investigation results of “Guidelines for Producing Recyclable Printed Matter” and make alterations as needed.
a. When only material from rank A is used, May be recycled into printing paper must be indicated. b. When only material from rank A or B is used (with the exception of (1)), May be recycled into
cardboard must be indicated.
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c. When material from ranks C or D is used, Unsuitable materials to recycling are used. In addition, calendars bound and processed, if the binding part and the body paper can be separated, the recycling suitability should be displayed for each sheet of the body paper.
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 plant based oil indicates that meet the ratio of contents of plant based oil fulfill the requirement of each ink type provided as shown in the following table. Since various UV inks contain very few VOC contents, they are considered as meet Individual Criteria (1) a. of evaluation criteria.
Ink types Ratio of plant based oil contentJournal rotary offset printing ink 30% or moreNon heat set printing ink for rotary press 30% or moreSheet-fed printing ink (gold, silver, pearl and white ink)
20% or more(10% or more)
Business form ink 20% or moreHeat set printing ink for rotary press 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 Standards for Off-set Printing and Green Printing Qualification System by Japan Federation of Printing Industries should be referenced for Evaluation Criteria <Common 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 <Individual Criteria> (1) b. denotes that fulfill the following a and c. Chemical safety of Evaluation Criteria < Individual Criteria> (2) 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. Each procurement organization shall make digital calibration without using actual machine calibration equipment when proofreading printed matter so as to control VOC emissions as much as possible.
14. 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.
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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).
Table 1 : Recycle-Compliancy Ranking Test for Used PaperRank 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 paperProcessed 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
1. Each organization must confirm publishing in data base of “Producing Recyclable 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-ready seals, Recycle-ready 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 suppressing
Take one of the following measures.・ Waterless printing system is introduced.・ Damping water circulation system is introduced.・ To introduce environmentally friendly dampening
water that contributes to measures for VOC.・ Automatic cloth washing is introduced or in case of
automatic liquid washing, circulation system is introduced.
・ To introduce environmentally friendly detergents contribute to measures for VOC.
・ 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
The activity of conservation of energy is taken such as use of power-saving feature and power off when unused.
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impact of the printing machineRecycling 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.
Notes:
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. Environmentally friendly dampening water and environmentally friendly detergents in offset
generation of VOC in the offset printing process were certified in the Green Printing Equipment
Certification System operated by the Japan Printing Industry Association. For the etchant
(dampening water) and detergent can refer to the certified product.
6. 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, installation of VOC
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processing equipment for covering waste clogs container and washing agent container, etc. ,
appropriate operation management for rotary printing process decrease of negative environmental
impact of the printing machine in digital printing process and suppress noise and vibrations in
binding treatment process.
7. 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.
Table 3 : Material Confirmation Sheet (sample)
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Date:To: JOGMEC
XYZ CompanySubject:
Material Confirmation SheetPrinting material Used Recyclability
rankingCategory Manufacturer,
product nameNote
Paper Text X A High quality paper
xx papermanufacturing
Frontcover
X A Constructionpaper
xx papermanufacturing
Backcover
X A High qualitypaper
xx papermanufacturing
Coveringmaterial
Ink X A Flat printingink
xx inkcompany
Processing Bindingprocessing
X A PUR Hot melt
Surfaceprocessing
X A OP varnish xx chemicals
Otherprocessing
Others
↓Recycling procedures Evaluation
Only material from rank A is used May be recycled into printing paper XOnly 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 latest “Guidelines for Producing Recyclable Printed Matter, published in Producing Recyclable Printed Matter,” when filled in Material Confirmation Sheet about the printing material.
2. In case of using materials such as paper and ink that recyclability ranking test for used paper is not provided, fill out "Outside the rank" in the column of recyclability ranking.
3. This sheet form can be changed according to the necessity for the inquiry of content and the necessity for stamps, etc.
Table 4: Environmental Consideration Checklist for Offset Printing Process (sample)
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Date:To:
XYZ CompanyEnvironmental 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
processYes/No (2) Printing plates (of aluminum base material) are reuse or
recycled.Printing process
Offset Yes/No (3)VOC emission suppressing measures such as introducing a waterless printing system, introducing a dampening water circulation system, introducing environmentally friendly dampening water, introducing automatic cloth cleaning, in case of automatic liquid cleaning, circulation system has introduced, introducing environmentally friendly cleaning agents, placing covers to discarded waste-cloths containers and detergent containers are taken.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.
Notes: This sheet form can be changed according to the necessity for the inquiry of content and the necessity for stamps, etc. (2) 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
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
MIZ_SS20190827AZ
Application for Amendment of Scope of Work
(under the provisions of Agreement, clause 5.1)
1. Date of the Agreement:
2. Agreement:
3. Present progress:
4. Details of the amendment:
5. Reason for the amendment:
6. How does it affect the original plan?
MIZ_SS20190827AZ
Form No. 4
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Notification for Amendment of Scope of Work
(under the provisions of Agreement, clause 5.3)
1. Date of the Agreement:
2. Agreement:
3. Details of the amendment:
4. Reason for the amendment:
5. Date of the amendment:
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Form No. 5
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Notification of Completion
(under the provisions of Agreement, clause 9)
1. Date of the Agreement:
2. Agreement:
3. Term of the Agreement:
4. Date of Completion:
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Form No. 6
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Covering Letter for the Accounting Report
(under the provisions of Agreement, clause 11.1)
1. Date of the Agreement:
2. Agreement:
3. Term of the Agreement:
4. Total amount of the expenditures: (as per enclosed account)
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Form No. 7
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Application: Delay to submit Accounting Report
(under the provisions of Agreement, clause 11.2)
1. Date of the Agreement:
2. Agreement:
3. Term of the Agreement:
4. Reason of the Delay:
5. New schedule:
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Form No. 8
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Specifications of Acquired Properties
(under the provisions of Agreement, clause 19.2)
1. Date of the Agreement:
2. Agreement:
3. Term of the Agreement:
4. Specifications
name and/orstructure
period ofdurability
qty acquired
date
value(cost)
depository
remarks
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Form No. 9
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Notice for Invention and Others
(under the provisions of Agreement, clause 21.4)
1. Date of the Agreement:
2. Agreement:
3. Name and address of the inventor:
4. Details of the invention:
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Form No. 10
Date:
To: Executive Vice President
Japan Oil, Gas and Metals National Corporation
From: (Signature)
[name and title of signer]
[ ]
Application for Sharing Proprietary Rights of IPR
(under the provisions of Agreement, clause 22.1)
1. Date of the Agreement:
2. Agreement:
3. Term of the Agreement:
[ ] wishes to share IPR, stipulated in clause 22 of the Agreement, with
Japan Oil, Gas and Metals National Corporation (“JOGMEC”), accepting the terms and conditions
provided in clause 22 of the Agreement and the following terms and conditions.
(i) In the case that an Invention and Others is obtained, [ ] promises to report that effect to JOGMEC without delay.
(ii) In the case that METI finds it particularly necessary for the public interest and makes a request, making clear the reasons therefor, [ ] promises to grant to METI the right to use said Patent Rights, etc. without charge.
(iii) In the case that METI recognizes that said IPR has not been utilized within a reasonable time and does not find any justifiable grounds as to why said IPR has not been utilized within a reasonable time, and in case METI finds that utilization of said IPR is particularly necessary for promoting the use of said IPR and makes a request making clear the reasons therefor, [ ] promises to grant to a third party the right to use said IPR.