Exclusion of Anti-Social Forces. 1. The Holder and the Issuer represent that none of itself or its officers or employees has fxxxxx or falls under the category of an organized crime group, an organized crime group member, a person who was an organized crime group member within past 5 years, a quasi-member of an organized crime group, a related enterprise of an organized crime group, a corporate racketeer, a rogue professing social activity or a crime group with special intelligence, or other similar person or group (the “Anti-Social Forces”), or any of the following items, and covenant not to fall under those categories in future:
(1) Having a relationship where it is deemed that the Anti-Social Forces control the management;
(2) Having a relationship where it is deemed that the Anti-Social Forces are substantially engaged in the management;
(3) Having a relationship where it is deemed that the party improperly utilize the Anti-Social Forces, such as utilization with purposes to pursue fraudulent benefit of itself, its company or a third party or to bring harm to a third party;
(4) Having a relationship where it is deemed that the party is involved with the Anti-Social Forces such as offering of fund or granting of benefit; or
(5) a socially blamable relationship of its officer or other person involved in management with the Anti-Social Forces.
2. The Holder and the Issuer covenant that itself or its officers does not, by their own or through any third parties, engage in any of the following actions:
(1) Violent demanding;
(2) Unreasonable demanding which goes beyond legal liability;
(3) Intimidating words or behavior, or using of violence in connection with a transaction; or
(4) Damaging the credit or obstructing the business of others by spreading false rumors, using of fraudulent means, or using force; or
(5) Any similar actions to the respective preceding items.
3. If the Holder or the Issuer falls under any of the items of Paragraph 1 or commits any act falling under any of the items of the preceding Paragraph, or makes a false declaration with respect to the representations and warranties under Paragraph 1, the counterparty may terminate this Agreement without any notice.
Exclusion of Anti-Social Forces. 1. You or the Company shall be entitled to terminate this Agreement without giving any notice in the event the other party is found to be an Anti Social force (meaning an organized crime group, a member of an organized crime group, a person who has ceased to be an organized crime group within five years, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a general meeting company, a social movement, a special intelligent violent group, or any other party equivalent thereto; the same shall apply hereinafter), or to have any relationship with any anti-social force that falls under any one of the following items;
i. in the event an Anti Social force is recognized as having control over management to you or the Company,
ii. in the event an Anti Social force is deemed to be substantially involved in the management of you or the Company,
iii. in the event you or the Company uses any anti-social force for the purpose of unfair profit for himself/herself or a third party, or for the purpose of inflicting damage on a third party, etc.
iv. in the event you or the company provide funds, etc. or providing facilities, etc. to Anti Social forces.
v. in the event any director or any person who is substantially involved in the management has any relationship that should be socially condemned against Anti Social forces as set forth in above.
2. You or the Company may terminate this Agreement without notice in the event the other party acts by itself or through a third party as coming under any one of the following items.
i. Violent demands
ii. Unjust demands beyond legal liability
iii. acts of making threatening statements or using violence in relation to transactions
iv. An act of spreading rumors, damaging the creditworthiness of the counterparty by fraudulent means or force, or obstructing the business of the other party;
v. Any other act similar to any of the preceding items.
3. In the event this Agreement is terminated pursuant to any of the provisions of each item of this article, the terminated party shall not claim any damages from the termination against the other party. In addition, the other party shall compensate for any damages incurred by the party who terminated the contract due to such termination.
Exclusion of Anti-Social Forces. 1. For the purpose of this agreement, “Anti-Social Forces” shall mean an organized crime group (bouryoku-dxx) or its member, quasi member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes and any other similar organization or person.
Exclusion of Anti-Social Forces. Licensee represents, warrants and covenants that Licensee, its parent company, its affiliated companies, any of their executive officers, directors and personnel in a position equivalent thereto), employees, and major equity holders have not fallen or will not fall under any of the following categories through (1) to (6) (such person or group referred to collectively as the "Anti-Social Forces"), and will not conduct any of the following actions through (7) to (11):
(1) an organized crime group;
(2) a member of an organized crime group;
(3) a quasi-member of an organized crime group;
(4) a related company or association of an organized crime group;
(5) a corporate racketeer; or
(6) other equivalent person of any category above (1) to (5).
(7) a demand with violence;
(8) an unreasonable demand beyond its legal entitlement;
(9) use of intimidating words or actions in relation to transactions;
(10) an action to defame the reputation or interfere with the business of Soliton or Xxxxxxx’s affiliated companies by spreading rumor, using fraudulent means or resorting to force; or
(11) other equivalent actions of above (7) to (10).
Exclusion of Anti-Social Forces. Even if the Borrower incurs any damages, loss, or expenses as a result of (i) misrepresentations in connection with the representations and warranties made by the Borrower in accordance with Clause 17(17) or (ii) application of Clause 19.2 due to the Borrower's breach of its obligations set forth in Clause 18.5(4) or (5), the Borrower shall not claim or demand such damages, loss, or expenses against the Lender or the Agent. The Borrower shall compensate or indemnify for any damages, loss, or expenses related to the same incurred by the Lenders or the Agent, which are directly caused thereby.
Exclusion of Anti-Social Forces. The Parties shall comply with the provisions set forth in Exhibit 2 (Exclusion of Anti-Social Forces) attached hereto.
Exclusion of Anti-Social Forces. 16.1 Either QST or APRINOIA may terminate all or any part of this Agreement without any notice to the other Party if any of the following occurs on the other Party (including APRINOIA’s sublicensee(s) or contractor(s). Same below.) no matter as an individual or an entity.
(a) QST or APRINOIA is an individual or an entity that pursues economic profits by using violent, intimidated or fraudulent methods such as a “organized crime group” or “occupational shareholder”, or an anti-social force; or
(b) The representative, responsible person or any person substantially owns the management power of QST/ or APRINOIA is or was an anti-social force; or
(c) QST, APRINOIA, or the representative, responsible person or any person substantially owns the management power of QST or APRINOIA provides financial assistance to anti-social forces or has close relationship with anti-social forces; or
(d) QST, APRINOIA, or the representative, responsible person or any person substantially owns the management power of QST or APRINOIA is publicly known or generally known through news or other similar channels as an anti-social force or an individual/entity that conducts intimidated crimes, or has relationship or connection with such individual/ entity.
(e) Any person that QST or APRINOIA executes agreements with for the enforcement of this Agreement falls into any of the subparagraphs above; or
(f) QST or APRINOIA sends messages by itself or any third party to the other Party informing that it is an anti-social force, or its related person/entity is an anti-social force (for example, naming itself as an “organized crime group”); or
(g) QST or APRINOIA behaves fraudulently or violently, or uses intimidated ’ words towards the other Party or uses any third party to conduct such behaviors; or
(h) QST or APRINOIA hxxxx or is likely to harm the other Party’s fame, credits or others or uses any third party to conduct such behaviors; or
(i) QST or APRINOIA hxxxx or is likely to harm the other Party’s business or uses any third party to conduct such behaviors.
16.2 QST and APRINOIA hereby represent and warrant that it is neither an anti-social force nor falls into (a) to (i) above respectively.
16.3 If QST or APRINOIA terminates all or any part of this Agreement based on 16.1, it shall not indemnify the other Party’s damages, if any. Further, the terminated Party shall indemnify the terminating Party’s damages, if any.
Exclusion of Anti-Social Forces. 14.1 Each of the parties hereby represents that it (including its Business Partners and subcontractors for provision of the Services; the same shall apply in Sections 14.1 to 14.3) does not, and covenants that it will not in the future, fall under any of the following items (collectively, “Anti-Social Force(s)”):
(a) Boryokudan;
(b) Member of a Boryokudan;
(c) Person for whom five years have not passed since ceasing to be a member of a Boryokudan;
(d) Quasi member of a Boryokudan;
(e) Boryokudan-related company;
(f) Corporate extortionist (Sokaiya) and the like;
(g) Rogue adopting social movements as its slogan (Shakai Undoto Hyobo Goro);
(h) Violent force with special knowledge (Tokushu Chinou Boryoku Shudan); or
(i) Any other person similar to those specified in (a) through (h) above.
14.2 Each of the parties hereby represents that it does not, and covenants that it will not in the future, have such relationship with an Anti-Social Force that falls under any of the following items:
(a) Such Anti-Social Force is deemed to be controlling the management of the party;
(b) Such Anti-Social Force is deemed to be substantially involved in the management of the party;
(c) The party is deemed to have improperly utilized such Anti-Social Force, such as for the purpose of seeking an illicit profit for itself or any third party or causing damage to any third party;
(d) The party is deemed to supply funds, etc. or provide favors to such Anti-Social Force; or
(e) Otherwise, an officer or any person substantially involved in the management of the party has a socially reprehensible relationship with such Anti-Social Force.
14.3 Each of the parties hereby covenants that it will not commit, or cause any third party (including its Business Partners or subcontractors) to commit, any of the following acts:
(a) Violent demand;
(b) Unfair demand exceeding legal liabilities;
(c) Menacing or violent acts with respect to transactions;
(d) Acts to impair the credit of the other party by spreading rumors or using deceptive scheme or force, or obstruct the business of the other party; or
(e) Other acts similar to those specified in (a) through (d) above.
14.4 If any Business Partner or subcontractor of a party falls under any of the items in Sections 14.1 or 14.2 or commits any of the acts in Section 14.3, the party shall terminate or take measures to terminate its agreement with such Business Partner or subcontractor immediately.
14.5 Notwithstanding any of the provisions of the Ag...
Exclusion of Anti-Social Forces. (a) The Borrower shall ensure that neither the Borrower nor any of its employees falls under Anti-Social Forces, has any relationship described in Section 5.19(a)(i) through (v) above, or engages, either by itself or through the use of third parties, in any conducts described in Section 5.19(b)(i) through (iv) above.
(b) The Borrower shall use commercially reasonable efforts to ensure that none of its Related Parties (other than its employees) falls under Anti-Social Forces, has any relationship described in Section 5.19(a)(i) through (v) above, or engages, either by itself or through the use of third parties, in any conducts described in Section 5.19(b)(i) through (iv) above.
Exclusion of Anti-Social Forces. Members (in case of legal entities, the individuals involved in actual management) shall expressly declare that none of these following conditions applied to them in the past, and none applies to them at the time being, and pledge that these shall not apply to them in the future: • Belonging to or involved with anti-social organizations represented by terrorist organizations, etc. • Carrying out unreasonable demands, obstruction of business, or defamation through threatening words or actions towards TAU or third parties.
