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Common use of Investment Plans Clause in Contracts

Investment Plans. 1. The Concessionaire must implement the investment plans in accordance with the provisions of the investment plans attached to this Concession Contract. 2. The Concessionaire shall in particular have the following obligations: (1) use qualified labors in all projects; (2) give priority to enterprises doing business in the Macau SAR on a long-term basis or local enterprises and to local workers of the Macau SAR when retaining enterprises and recruiting workers for implementing the projects set forth in the investment plans attached to this Concession Contract; (3) during its formulation of the construction projects in connection with the projects set forth in the investment plans attached to this Concession Contract, comply with existing technical restrictions and technical rules of the Macau SAR, in particular the Land Technical Rules promulgated under the Decree No. 47/96/M dated August 26, [1996] and the Rules for Safety and Loading of Building Structure and Bridge Structure promulgated under the Decree No. 56/96/M dated September 16, [1996], and specifications and approval documents of government authorities and instructions of manufacturers or patent owners; (4) when submitting the projects set forth in the investment plans attached to this Concession Contract to the Land, Public Construction and Transportation Bureau for approval, in addition to other documents required by existing laws (in particular the Decree No. 79/85/M dated August 21, [1985]), provide a quality control manual prepared by an entity recognized as technically qualified by the Land, Public Construction and Transportation Bureau and able to show its experience in the same or similar kind of works, and approved by the Land, Public Construction and Transportation Bureau, an operating plan and relevant financial and operating records, samples of important materials and resumes of professionals in charge of each construction work. If the Concessionaire fails to submit a quality control manual or the quality control manual submitted by it is not approved, the Concessionaire must comply with the quality control manual prepared by a professional entity designated by the Land, Public Construction and Transportation Bureau; (5) carry out construction strictly based on approved projects and in accordance with existing laws and regulations, internationally recognized standards for similar construction work or supplies and industrial norms; (6) comply with the construction period set forth in the projects set forth in the investment plans attached to this Concession Contract and with the period for opening to the public; (7) use materials, systems and equipment certified and approved by recognized entities and in accordance with international standards and generally recognized as having high international quality during the implementation of the projects set forth in the investment plans attached to this Concession Contract; (8) maintain the quality of all projects set forth in the investment plans attached to this Concession Contract according to a high international quality standard; (9) ensure that the quality standard of the commercial facilities therein reaches a high international quality standard; (10) according to a high international quality standard, maintain a modernized, highly efficient and high-quality management; (11) in the case of conditions that cause or may cause major changes to the normal development of construction or operation during the construction of the facilities of the Concessionaire or the operation of its business, or in the case of unusual conditions relating to building structure of the facilities of the Concessionaire or any other unusual conditions, promptly inform the government of such conditions by submitting a detailed report stating such conditions and reasons therefor. The report shall state the assistance provided by other entities that are generally recognized as qualified and prestigious and the measures taken or to be taken to solve the relevant problems. 3. The government may permit the implementation by the Management Company of part of the projects contemplated in the investment plans attached hereto. However, the Management Company must perform the appropriate portion of all the obligations provided herein which must be performed by the Concessionaire as if the above projects were directly implemented by the Concessionaire. 4. In case of circumstances referred to in the preceding paragraph, the Concessionaire must submit to the government a copy of the declaration signed by the Management Company, stating that it will not transfer all or part of the projects (whether already implemented or to be implemented) within the effective concession term without the permission of the government. 5. In case of circumstances referred to in paragraph 3, the total amount of expenses made by the Management Company shall be calculated in the total amount of expenses to be incurred by the Concessionaire as set forth in Article 39. 6. The Concessionaire shall be liable to the Concession-Granting Entity and third parties for any damage caused by the design and scope of project, implementation of construction work, insufficient maintenance of buildings set forth in the investment plans attached to this Concession Contract, errors or serious negligence and for which the Concessionaire is to blame. 7. The government may permit change in the period mentioned in paragraph 2(6) without amending this Concession Contract. 8. The government undertakes to enable the Concessionaire to directly or indirectly implement the projects set forth in the investment plans attached to this Concession Contract in accordance with laws.

Appears in 3 contracts

Samples: Concession Contract (Sands China Ltd.), Concession Contract (Sands China Ltd.), Concession Contract (Las Vegas Sands Inc)

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Investment Plans. 1. The Concessionaire Subconcessionaire must implement the investment plans in accordance with the provisions of the investment plans attached to this Subconcession Contract, being transferred, for all legal purposes and without prejudice of paragraphs [**]† to [**]† below, the obligation of the Concessionaire as to the implementation of Numbers 2, 3 and 4 of the investment plans attached to the Concession ContractContract signed by Macao SAR and the Concessionaire, up to the amount referred to in Clause 39. 2. The Concessionaire Subconcessionaire shall in particular have the following obligations: (1) use qualified labors in all projects; (2) give priority to enterprises doing business in the Macau SAR on a long-term basis or local enterprises and to local workers of the Macau SAR when retaining enterprises and recruiting workers for implementing the projects set forth in the investment plans attached to this Concession Subconcession Contract; (3) during its formulation of the construction projects in connection with the projects set forth in the investment plans attached to this Concession Subconcession Contract, comply with existing technical restrictions and technical rules of the Macau SAR, in particular the Land Technical Rules promulgated under the Decree No. 47/96/M dated August 26, [1996] and the Rules for Safety and Loading of Building Structure and Bridge Structure promulgated † This portion of the Subconcession Contract has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 406. under the Decree No. 56/96/M dated September 16, [1996], and specifications and approval documents of government authorities and instructions of manufacturers or patent owners; (4) when submitting the projects set forth in the investment plans attached to this Concession Subconcession Contract to the Land, Public Construction and Transportation Bureau (“DSSOPT”) for approval, in addition to other documents required by existing laws (in particular the Decree No. 79/85/M dated August 21, [1985]), provide a quality control manual prepared by an entity recognized as technically qualified by the Land, Public Construction and Transportation Bureau and able to show its experience in the same or similar kind of works, and approved by the Land, Public Construction and Transportation Bureau, an operating plan and relevant financial and operating records, samples of important materials and resumes of professionals in charge of each construction work. If the Concessionaire Subconcessionaire fails to submit a quality control manual or the quality control manual submitted by it is not approved, the Concessionaire Subconcessionaire must comply with the quality control manual prepared by a professional entity designated by the Land, Public Construction and Transportation Bureau; (5) carry out construction strictly based on approved projects and in accordance with existing laws and regulations, internationally recognized standards for similar construction work or supplies and industrial norms; (6) comply with adhere to the construction period set forth in for the projects set forth in the investment plans attached to this Concession Subconcession Contract and with the period for opening during which such projects shall be open to the public; (7) use materials, systems and equipment certified and approved by recognized entities and in accordance with international standards and generally recognized as having high international quality during the implementation of the projects set forth in the investment plans attached to this Concession Subconcession Contract; (8) maintain the quality of all projects set forth in the investment plans attached to this Concession Subconcession Contract according to a high international quality standard; (9) ensure that the quality standard of the commercial facilities therein reaches a high international quality standard; (10) according to a high international quality standard, maintain a modernized, highly efficient and high-quality management; (11) in the case of conditions that cause or may cause major changes to the normal development of construction or operation during the construction of the facilities of the Concessionaire or the operation of its businessSubconcessionaire, or in the case of unusual conditions relating to building structure of the facilities of the Concessionaire Subconcessionaire or any other unusual conditions, promptly inform the government of such conditions by submitting a detailed report stating such conditions and reasons therefor. The report shall state the assistance provided by other entities that are generally recognized as qualified and prestigious and the measures taken or to be taken to solve the relevant problems. 3. The government may permit the implementation by the Management Company of part of the projects contemplated in the investment plans attached hereto. However, the Management Company must perform the appropriate portion of all the obligations provided herein which must be performed by the Concessionaire as if the above projects were directly implemented by the Concessionaire. 4. In case of circumstances referred to in the preceding paragraph, the Concessionaire must submit to the government a copy of the declaration signed by the Management Company, stating that it will not transfer all or part of the projects (whether already implemented or to be implemented) within the effective concession term without the permission of the government. 5. In case of circumstances referred to in paragraph 3, the total amount of expenses made by the Management Company shall be calculated in the total amount of expenses to be incurred by the Concessionaire as set forth in Article 39. 6. The Concessionaire Subconcessionaire shall be liable to the Concession-Granting Entity Macau SAR and third parties for any damage caused by the design and scope of project, implementation of construction work, insufficient maintenance of buildings set forth in the investment plans attached to this Concession Subconcession Contract, errors or serious negligence and for which the Concessionaire Subconcessionaire is to blame. 74. The government may permit change in the period mentioned in paragraph 2(6) without amending this Concession Subconcession Contract. 85. The government undertakes to enable the Concessionaire Subconcessionaire to directly or indirectly implement the projects set forth in the investment plans attached to this Concession Subconcession Contract in accordance with laws. 6. The total amount of the expenses done by the Subconcessionaire for the implementation of the projects referred to on the investment plans attached to this Subconcession Contract, up to the amount referred in Clause 39, will be taken into account to determine the global amount referred to in Clause 39 of the Concession Contract for which the Concessionaire is liable for. 7. [**]† 8. [**]† 9. [**]†

Appears in 2 contracts

Samples: Subconcession Contract (Las Vegas Sands Corp), Subconcession Contract for Operating Casino Games (Las Vegas Sands Corp)

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Investment Plans. 1. The Concessionaire Subconcessionaire must implement the investment plans in accordance with the provisions of the investment plans attached to this Subconcession Contract, being transferred for all legal purposes and without prejudice of paragraphs 6 to 9 below, the obligation of the Concessionaire as to the implementation of Numbers 2, 3 and 4 (as regards one of the mentioned “city clubs”) of the investment plans attached to the Concession ContractContract signed by Macao SAR and he Concessionaire, up to the amount referred to in Clause 39. 2. The Concessionaire Subconcessionaire shall in particular have the following obligations: (1) use qualified labors in all projects; (2) give priority to enterprises doing business in the Macau SAR on a long-term basis or local enterprises and to local workers of the Macau SAR when retaining enterprises and recruiting workers for implementing the projects set forth in the investment plans attached to this Concession Subconcession Contract; (3) during its formulation of the construction projects in connection with the projects set forth in the investment plans attached to this Concession Subconcession Contract, comply with existing technical restrictions and technical rules of the Macau SAR, in particular the Land Technical Rules promulgated under the Decree No. 47/96/M dated August 26, [1996] and the Rules for Safety and Loading of Building Structure and Bridge Structure promulgated under the Decree No. 56/96/M dated September 16, [1996], and specifications and approval documents of government authorities and instructions of manufacturers or patent owners; (4) when submitting the projects set forth in the investment plans attached to this Concession Subconcession Contract to the Land, Public Construction and Transportation Bureau (“DSSOPT”) for approval, in addition to other documents required by existing laws (in particular the Decree No. 79/85/M dated August 21, [1985]), provide a quality control manual prepared by an entity recognized as technically qualified by the Land, Public Construction and Transportation Bureau and able to show its experience in the same or similar kind of works, and approved by the Land, Public Construction and Transportation Bureau, an operating plan and relevant financial and operating records, samples of important materials and resumes of professionals in charge of each construction work. If the Concessionaire Subconcessionaire fails to submit a quality control manual or the quality control manual submitted by it is not approved, the Concessionaire Subconcessionaire must comply with the quality control manual prepared by a professional entity designated by the Land, Public Construction and Transportation Bureau; (5) carry out construction strictly based on approved projects and in accordance with existing laws and regulations, internationally recognized standards for similar construction work or supplies and industrial norms; (6) comply with adhere to the construction period set forth in for the projects set forth in the investment plans attached to this Concession Subconcession Contract and with the period for opening during which such projects shall be open to the public; (7) use materials, systems and equipment certified and approved by recognized entities and in accordance with international standards and generally recognized as having high international quality during the implementation of the projects set forth in the investment plans attached to this Concession Subconcession Contract; (8) maintain the quality of all projects set forth in the investment plans attached to this Concession Subconcession Contract according to a high international quality standard; (9) ensure that the quality standard of the commercial facilities therein reaches a high international quality standard; (10) according to a high international quality standard, maintain a modernized, highly efficient and high-quality management; (11) in the case of conditions that cause or may cause major changes to the normal development of construction or operation during the construction of the facilities of the Concessionaire or the operation of its businessSubconcessionaire, or in the case of unusual conditions relating to building structure of the facilities of the Concessionaire Subconcessionaire or any other unusual conditions, promptly inform the government of such conditions by submitting a detailed report stating such conditions and reasons therefor. The report shall state the assistance provided by other entities that are generally recognized as qualified and prestigious and the measures taken or to be taken to solve the relevant problems. 3. The government may permit the implementation by the Management Company of part of the projects contemplated in the investment plans attached hereto. However, the Management Company must perform the appropriate portion of all the obligations provided herein which must be performed by the Concessionaire as if the above projects were directly implemented by the Concessionaire. 4. In case of circumstances referred to in the preceding paragraph, the Concessionaire must submit to the government a copy of the declaration signed by the Management Company, stating that it will not transfer all or part of the projects (whether already implemented or to be implemented) within the effective concession term without the permission of the government. 5. In case of circumstances referred to in paragraph 3, the total amount of expenses made by the Management Company shall be calculated in the total amount of expenses to be incurred by the Concessionaire as set forth in Article 39. 6. The Concessionaire Subconcessionaire shall be liable to the Concession-Granting Entity Macau SAR and third parties for any damage caused by the design and scope of project, implementation of construction work, insufficient maintenance of buildings set forth in the investment plans attached to this Concession Subconcession Contract, errors or serious negligence and for which the Concessionaire Subconcessionaire is to blame. 74. The government may permit change in the period mentioned in paragraph 2(6) without amending this Concession Subconcession Contract. 85. The government undertakes to enable the Concessionaire Subconcessionaire to directly or indirectly implement the projects set forth in the investment plans attached to this Concession Subconcession Contract in accordance with laws. 6. The total amount of the expenses done by the Subconcessionaire for the implementation of the projects referred to on the investment plans attached to this Subconcession Contract, up to the amount referred in Clause 39, will be taken into account to determine the global amount referred to in Clause 39 of the Concession Contract for which the Concessionaire is liable for. 7. Without prejudice of the preceding paragraph, the Concessionaire shall only be liable for the difference between the amounts spent by the Subconcessionaire for implementing the projects referred to in the investment plans attached to this Subconcession Contract and the global amount referred to in Clause 39, until the opening to the public of the Resort-Hotel-Casino referred to in the investment plans attached to this Subconcession Contract. 8. If the Government decides to draw the guarantee deposit provided by the Subconcessionaire, as a guarantee for the compliance with its legal and contractual obligations and referred to in Clause 61, for reasons connected with the Investment Plans attached to this Subconcession Contract, the amount drawn will be added to the amount of the expenses done by the Subconcessionaire for the purposes referred to in the preceding paragraph. 9. If the Subconcessionaire, for any reason, does not open to the public the Resort-Hotel-Casino referred to in the investment plans attached to this Subconcession Contract, the government will notify the Concessionaire the total amount of the expenses done by the Subconcessionaire for implementing the projects referred to in the investment plans attached to this Subconcession Contract.

Appears in 2 contracts

Samples: Subconcession Contract for Operating Casino Games (Sands China Ltd.), Subconcession Contract for Operating Casino Games (Sands China Ltd.)

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