Appendix 2 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

Technology 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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別添 1

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

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database rights and any applications for any of the foregoing together with any right or form

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,

specifications, procedures, instructions, software, data, methods, methodologies, know-how,

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

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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

Customer.

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18. Bookkeeping

18.1 With respect to the Amount of the Agreement, Contractor shall keep an account-book together

with records of all payments and credits by items as specified in BOR of SOW in connection

with the expenses to provide the Services.

18.2 Contractors shall preserve the books described in clauses 18.1 for a period of five years after

completion of the Services.

18.3 Upon Customer’s request, Contractor shall submit the account-book with records of payments

and credits specified in clause 18.1 in the event of Customer’s audit by its auditors to examine

the Services provided by Contractor.

18.4 All payments made by Customer may be subject to revaluation and refund or future

withholding of billing payments conditioned on the results of Customer’s audit described in

clause 18.3 above.

19. Ownership of Acquired Properties

19.1 Customer owns any additional properties acquired or increased in capacity or function

(hereinafter referred to as “Acquired Properties”) through the execution of the Services. For the

avoidance of doubt, Acquired Properties do not include Deliverable(s) or IPR.

19.2 Contractor shall submit “Specifications of Acquired Properties” (Form No. 8) to Customer

together with the Accounting Report when Services complete unless otherwise instructed by

Customer.

19.3 Contractor shall, notwithstanding the expiry or earlier termination of this Agreement, maintain

and manage Acquired Properties responsibly until the day when Contractor delivers such

Acquired Properties to a designated third party based on Customer’s instruction.

20. Liability

20.1 Neither Contractor nor any of its subsidiaries or affiliates nor one of their respective officers,

employees, representatives, agents or subcontractors (each an “Indemnitee”) shall have any

liability to Customer on account of the Agreement unless such liability is the result of fraud,

gross negligence, breach of contract or Willful Misconduct on the part of such Indemnitee.

20.2 Neither Party nor any Indemnitee shall be liable, and hereby releases and indemnifies the other

Party, under any circumstances, for indirect, special or punitive damages or loss, on account of

any claim arising from or in connection with or otherwise relating to the Agreement, whether on

the basis of negligence, tort, breach of contract, misrepresentation, indemnity or otherwise.

20.3 This Agreement is made exclusively for the benefit of the Parties and shall not confer any rights

on any third party. In particular, Contractor shall not owe any duty of care to any third party in

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respect of the preparation of the Deliverable(s) or their contents. Accordingly, Customer

undertakes that no Deliverable(s) shall be provided to a third party unless the source of such

Deliverable(s) is not mentioned or indicated or it is accompanied by the letter attached to this

Agreement.

20.4 Notwithstanding anything to the contrary in the Agreement, the aggregate liability of either

Party against the other Party for any and all claims, damages, injuries, losses (including

reasonable lawyers fees and legal costs) and other liabilities of any kind under the Agreement,

including, without limitation, for negligence, gross negligence, and breach of contract,

fundamental or otherwise, shall not exceed hundred percent (100%) of the Amount of the

Agreement or USD five hundred thousand (USD500,000) whichever is lower. Customer shall

indemnify and hold harmless Contractor from any claims or losses in excess of the foregoing

limitation.

20.5 Contractor is not responsible for loss of data regardless of cause. Contractor’s liability for loss

of all or part of the data or information will be limited to the lesser of the cost to reproduce the

information from a backup copy or the aggregate amount paid by Customer for Services.

20.6 Any interpretation of data or interpretation of test or other data, and any recommendations or

reservoir description 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 geophysicists or analysts may differ.

Accordingly, Contractor cannot and does not warrant the accuracy, correctness or completeness

of any such interpretation, recommendation or reservoir description. Customer has full

responsibility for all such decisions and for all decisions concerning other procedures relating to

the drilling, production or any other of Customer’s operations.

21. Proprietary Rights of Intellectual Property

21.1 Each Party shall retain all right, title and interest in its Background IP.

21.2 The ownership of any and all of the Deliverable(s), as well as any and all IPR as well as any

and all rights to be entitled to IPR, which may be created during the course of providing the

Services, shall belong to Customer. Nothing herein shall be deemed to grant or convey

ownership of Contractor’s Background IP to Customer.

21.3 Contractor shall, notwithstanding the expiry or earlier termination of this Agreement, maintain

the Deliverable(s) and IPR stipulated in clause 21.2 in good faith, which shall not be practiced,

assigned, exchanged, leased or offered as collateral, without prior approval of Customer,

contrary to the purpose of the Services.

21.4 In the event that Contractor makes an Invention and Others possible to become IPR, Contractor

shall promptly submit Customer a “Notice for Invention and Others” (Form No. 9), and shall

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assign to Customer such rights to be entitled to IPR without any compensation at a proper time

designated by Customer.

21.5 In the event that Customer licenses the IPR to a third party, Contractor shall make every

reasonable effort in cooperating with such third party on a technical level so as to practice the

IPR in a facilitated manner.

22. Sharing of Proprietary Rights of Intellectual Property

22.1 In the event that Contractor wishes to share IPR, which may be created during the course of

providing the Services, nevertheless clause 21.2, if Contractor submits an “Application for

Sharing Proprietary Rights of IPR” (Form No. 10) on the date of Agreement, and such IPR shall

be shared by Customer and Contractor, provided, however, that the share of the IPR acquired by

Contractor shall be equal to or lower than 50%. A part or all of Contractor’s share of the IPR

may be jointly owned with Subcontractor(s).

22.2 When an IPR, which is created during the course of providing the Services and which is jointly

owned by the Parties, (hereinafter referred as ‘Shared IPR’) is to be applied for registration, both

Parties shall firstly agree on a Joint Application Agreement and jointly bear and pay for the

expenses of the IPR application through registration as well as maintenance fee of the Shared

IPR, all of which to be paid to patent offices and attorneys based on respective share of the

Shared IPR. Contractor shall conduct the necessary procedures for the IPR application through

registration.

22.3 Either Party may practice the Shared IPR by giving a notice about detail of such practice to the

other Party.

22.4 In the event that either Party wishes to license the Shared IPR to a third party(exclusive or non-

exclusive), such Party shall have a prior consent of the other Party.

22.5 Notwithstanding clause 22.4 above, Contractor or Sub-Contractor as the case may be shall admit

Customer to disclose and /or license the Shared IPR to Project Participants on non-exclusive

basis with a notice by Customer without any compensation in consideration with the Purpose of

Agreement.

23 Transfer of Shared IPR

In the event that either Party wishes to transfer a part or its entire share of the Shared IPR to a

third party other than the other Party or METI, such Party shall submit an Application for

Transferring the Shared IPR to the other Party and have a prior consent of the other Party.

24. Copyright of Deliverables

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24.1 With respect to the copyright of the Deliverables which is submitted as a result of the Services,

Contractor shall be deemed to grant Customer to practice such copyrights of the Deliverables

and license it to any third party, provided that the area of usage is limited within where

Customer is required.

24.2 Contractor shall not use its moral right against the practice of the copyrights by Customer or the

third party. In the event that the author of the Deliverables is different from Contractor,

Contractor shall make necessary measures to prevent the author to use its moral right against the

practice of the copyright by Customer or the third party.

24.3 In the event that Contractor wishes to publish the contents of Deliverables or the secondary

products which are produced through the execution of the Services, Contractor shall have a prior

consent of Customer and express the fact that such Deliverables or secondary products have

been made through the execution of the Services when Contractor publishes them.

25 Progress Report

25.1 When requested by Customer, Contractor shall prepare and submit to Customer a progress

report for the Services.

25.2 On the occurrence of any event of Force Majeure, including but not limited to accidents,

untoward incidents, Contractor shall promptly notify Customer in writing of such Force

Majeure event.

26 Personally identifiable information (PII)

26.1 Either party shall in good faith handle the personally identifiable information, which is the

information regarding an alive person and is able to identify such person with name, birth date

or other description, number or code, or other correspondence including any information which

is not able to identify a person only by itself, but is easy to verify with other information and is

able to identify a person with it, deposited from the other Party (hereinafter referred to as “PII”).

26.2 In the event that either Party contracts out or sub-contracts to a third party a part of its business

which includes a task(s) handling PII, the Party shall request to such third party to handle the PII

appropriately and shall enter into an agreement with the third party to comply with the necessary

procedures to handle such PII which are stated in this clause 26.

26.3 Either Party shall be prohibited to do the followings, unless the Party has a prior consent of the

other Party,

(a) To supply or deliver the contents of the PII to any third party with exception of the case

stated in the clause 26.2, or

(b) To use, duplicate, or alter the PII beyond the Purpose of this Agreement.

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26.4 In the event that either party handle the PII, the Party shall determine the necessary measures for

a security control such as a control system including a manager, an inspection procedure

checking the situation of handling the PII, and so on, and take necessary measures to prevent PII

from leakage, loss, or damage.

26.5 In the event that the Agreement is completed or terminated, Contractor shall immediately return

the PII deposited by Customer to Customer and erase or dispose entire information in the case

that such PII is stored in various media including electronic memories, unless otherwise

instructed by Customer.

26.6 In the event that either Party recognizes the fact that PII is in a situation of leakage, loss, or

damaged or of violation etc. in relation to this clause 26, the Party shall take measures to prevent

the damage from spreading and report to the other Party on the fact of occurrence of the

incident(s), level of damage, counter-measures to cope with, and measures to be taken for a

person(s) who may be identified by the PII.

26.7 In the event that either Party collects or produces any personally identifiable information other

than PII, the Party shall handle such information complied with the Law of Protection of

Personally Identifiable Information (Law No.57 in 2003).

26.8 Clause 26.1, 26.3, and 26.6 herein shall be effective, after the completion or termination of the

Agreement.

27. Confidentiality

27.1 Parties shall keep confidential any information which is expressly indicated to be

confidential and any information of whatever nature concerning the business, finances, assets,

liabilities, dealings, transactions, know-how, customers, suppliers, processes or affairs of the

other Party and Parties shall not to disclose or otherwise make available the same to a third party

without the prior written consent of the other Party.

27.2 The confidentiality obligations under clause 27.1 shall not be applicable to the disclosure by

either Party of any information contained in the Deliverable(s)

(a) to its officers, employees, advisors, representatives and agents, in each case, to the extent

required to enable such Party to carry out its obligations under this Agreement and in each

case they shall be made aware by such Party of its obligations under this Agreement and they

shall be required by such Party to observe the same restrictions on the use of any relevant

information as contained in clause 27.1 above;

(b) to the extent required by any applicable law or by the regulations of any stock exchange or

regulatory or supervisory authority to which such Party is subject or pursuant to any order of

the court or other competent authority or tribunal;

(c) to the extent that such information is in or comes into the public domain other than by breach

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of this Agreement by such Party;

(d) To the extent that such information is lawfully acquired by such Party from a third party

which has full rights to disclose such information.

27.3 Notwithstanding clause 27.1, Customer and/or Japanese Government may disclose the

following information regarding this Agreement:

(a) Title of the Agreement,

(b) Date of the Agreement,

(c) Name and address of Contractor, and

(d) Total Amount of the Agreement,

28. Amendment

No Amendment of this Agreement shall be effective unless an Amendment is in writing signed

by and on behalf of both of the Parties. The expression “Amendment” as used in the preceding

sentence includes, but is not limited to supplement, deletion or replacement, however effected.

Amendment of this Agreement cannot be effected via e-mail.

29.　 Waiver

The rights and remedies of either Party shall not be affected by any failure to exercise or delay

in exercising any right or remedy or by the giving of any indulgence by such Party except a

specific waiver or release in writing and any such waiver or release shall not prejudice or affect

any other rights or remedies of such Party. No single or partial exercise of any right or remedy

by either Party shall prevent any further or other exercise thereof or the exercise of any other

right or remedy by such Party.

30. Force Majeure

30.1 Notwithstanding any other provision of this Agreement, no Party shall need act if it is

impossible to act due to force majeure, meaning any cause beyond its control (including, without

limitation, war, riot, natural disaster, labour dispute, or law taking effect after the date of this

Agreement). A Party affected by force majeure shall notify the other Party promptly after it

determines that it is unable to execute Services.

30.2 A Party shall have no responsibility or liability for any loss or expense suffered or incurred by

the other Party as a result of its not acting for so long as the force majeure under clause 30.1

continues. However, the non-performing Party shall make reasonable efforts to avoid or remove

the circumstances giving rise to the force majeure and shall continue to provide the Services

under this Agreement promptly when they are removed.

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31. Employee Solicitation

Except with the prior written consent of the other Party and except if part of a public solicitation

for employment, neither Party shall solicit the employment of any of the other Party’s employee

until not less than one (1) year has elapsed from the payment of the final invoice for the

Services.

32. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Japan.

33. Language

This Agreement shall be entered into in English language. Should there be any discrepancy

between this Agreement and any translation of it into any language other than English, the

original English text shall prevail.

34. Disputes and Arbitration

34.1 The Parties shall do their best to negotiate in good faith and settle amicably all disputes,

controversies or differences which may arise between the Parties, out of or in relation to or in

connection with this Agreement or any breach thereof. If such dispute cannot be settled

amicably through ordinary negotiations by appropriate officers or directors of the Parties within

a thirty (30) day period of being first referred, it shall be submitted for final resolution by

arbitration in Tokyo in accordance with the Commercial Arbitration Rules of The Japan

Commercial Arbitration Association. Any judgment upon the award rendered by the arbitrators

may be entered in any court having jurisdiction therein. Any award rendered by the arbitrators

may include costs against either Party, but under no circumstances are the arbitrators authorized

or empowered to award special, punitive or multiple damages against either Party. The award of

the arbitration shall be final and binding to the Parties.

34.2 The language to be used in the arbitral proceedings shall be English.

34.3 The arbitral tribunal (hereinafter the “Tribunal”) shall be composed of three (3) arbitrators, with

each party appointing one arbitrator, and the two arbitrators so appointed appointing the third

arbitrator who shall act as the presiding arbitrators of the Tribunal.

34.4 The Parties shall treat all matters relating to the arbitration as confidential. The Parties

understand and agree that this confidentiality obligation extends to information concerning the

fact of any request for arbitration, and any ongoing arbitration, as well as all matters discussed,

discovered, or divulged, (whether voluntarily or by compulsion) during the course of such

arbitration proceeding.

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Customer and Contractor shall execute this Agreement in duplicate and retain one copy each.

IN WITNESS WHEREOF this Agreement is signed on the date first written above.

SIGNED:

__________________________________________________

For and on behalf of Japan Oil, Gas and Metals National Corporation

Toshikazu Ebato

Executive Vice President

Japan Oil, Gas and Metals National Corporation

SIGNED:

__________________________________________________

For and on behalf of [ ]

[ ]

[ ]

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Form No.1

Date:

To: Executive Vice President

Japan Oil, Gas and Metals National Corporation

From: (Signature)

[name and title of signer]

[ ]

Incident Report

(under the provisions of Agreement, clause 3)

1. Date of the Agreement:

2. Agreement:

3. Summary and Details of the Incident:

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.

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 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

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(2) Inks Regular inksRelief printing inks, flat printing inks (offset printing inks), gravure ink solvent, flexo-ink solvent, screen inks

Regular inksWater based gravure ink, water based flexo-ink

Specialty inksRecycle-ready UV ink, Silver and gold ink for offset printing, pearl ink, OCR ink (oil-based)

Specialty inksUV ink, silver and gold ink for gravure printing, OCR UV ink, EB ink, fluorescent ink

Specialty inksThermal ink, low sensitivity ink, magnetic ink

Specialty inks Sublimating ink, foam ink, aromatic ink

Specialty ProcessingOP varnishDigital Printing InksRecycle-compliant Dry Toner

Digital Printing InksDry Toner

(3)Processingmaterial

BindingProcessingBinding wire, stapler, etc.; fine retardant EVA hot melt; PUR hot melt ; water based glue

BindingProcessingBinding thread, EVA hot melt

BindingProcessingCross coating(cloth cross, paper cross)

SurfaceprocessingGlossy coat (varnished, press coating)

Surface processingGlossy laminating (PP coating); UV coating; UV laminating; foil coating

Other processingRecycle-compliant seals (all dissolve adhesive paper)

Other processingSeals (with the exception of recycle-ready types)

Other processingThree dimensional printed material (lenticular lens used)

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(4) Others Foreign substanceAdhesive tape (recycle-ready type)

Foreign substanceStone, glass, metal (excluding binding stapler, metal, etc.), sand, wood chips, plastic, cloth, building material (gypsum board, etc.), non-woven cloth, adhesive tape (excluding recycle-ready types)

Foreign substanceFragrant　accessories　(deodorant,　perfume,　lipstick, etc.)

Notes:

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)

MIZ_SS20190827AZ

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.

MIZ_SS20190827AZ

MIZ_SS20190827AZ

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:

MIZ_SS20190827AZ

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:

MIZ_SS20190827AZ

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)

MIZ_SS20190827AZ

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:

MIZ_SS20190827AZ

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

MIZ_SS20190827AZ

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:

MIZ_SS20190827AZ

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.

MIZ_SS20190827AZ