Common use of Plans and Reports Clause in Contracts

Plans and Reports. Article 31 (Submission of the Master Plan) 1. In accordance with the Required Standards Document, Application Guidelines etc. and the Proposal Documents, the Operating Right Holder shall prepare and submit to the State by the Airport Operating Business Scheduled Commencement Date a master plan for the entire Project for the period from the Airport Operating Business Scheduled Commencement Date until the preceding day of the day falling on the 30th year after the Operating Right Establishment Date, which shall include the contents stipulated in Exhibit 11 . In preparing the Master Plan, the Operating Right Holder shall basically conform with the contents concerning implementation of the Project proposed in the Proposal Documents within the scope of the items stipulated in Exhibit 11. 2. If the Operating Right Holder changes the contents of the master plan during the Airport Operating Business Period, it shall obtain prior approval from the State. 3. During the Airport Operating Business Period, the Operating Right Holder shall, either by itself or through the Building Facility Operator, make its best efforts to implement the Project in accordance with the contents of the master plan. 4. After submitting the master plan to the State or obtaining approval for change, the Operating Right Holder shall promptly disclose the published matters on the Operating Right Holder’s website, and continue such disclosure during the Airport Operating Business Period. 5. If the Project Period exceeds the subject period in the master plan submitted pursuant to paragraph 1, the Operating Right Holder shall prepare and submit to the State by the commencement date of the fiscal year (which includes the last day of the relevant subject period) a master plan for the entire Project covering from that date until the expiration of the Project Period in the form stipulated in Exhibit 11. In this case, the provisions of immediately preceding three paragraphs shall apply mutatis mutandis to the change, implementation of business and disclosure of the relevant master plan. Article 32 (Mid-term Project Plan and Material Change (of an Operating Right Facility)) 1. During the Airport Operating Business Period, the Operating Right Holder shall jointly prepare with the Building Facility Operator and submit to the State a Mid-term Project Plan for the fiscal year which includes the Airport Operating Business Scheduled Commencement Date until the 5th fiscal year (including this fiscal year), by 30 days prior to the Airport Operating Business Scheduled Commencement Date, and a Mid-term Project Plan for the subsequent 5 fiscal years by 30 days prior to the commencement date of the relevant fiscal year. 2. During the Airport Operating Business Period, the Operating Right Holder shall, either by itself or through the Building Facility Operator, implement the Project in an appropriate manner and in conformity with the Mid-term Project Plan. 3. In preparing a Mid-term Project Plan, the Operating Right Holder shall include a description of the Replacement Investment (in Operating Right Facility) and Development (Non-Operating Right Facility) during the subject period. The form, the matters to be indicated, and matters to be disclosed etc. in a Mid-term Project Plan shall be separately designated by the State. 4. If the Operating Right Holder changes the contents of the Mid-term Project Plan, it shall submit the revised Mid-term Project Plan to the State without delay. 5. After the Operating Right Holder submits the Mid-term Project Plan (or the revised plan if it was changed) to the State, it shall promptly disclose on its website the matters for disclosure, and maintain such disclosure until the Mid-term Project Plan on the subsequent 5 fiscal years is submitted. 6. Notwithstanding the preceding five paragraphs, if the Operating Right Holder undertakes a development that constitutes a Material Change (of an Operating Right Facility), it shall obtain prior approval from the State concerning such development. Furthermore, a Material Change (of an Operating Right Facility) shall constitute a “significant alteration” under Article 43 of the Civil Aeronautics Act. As such, the Operating Right Holder shall cooperate with the procedures in the same act which are necessary to be assumed by the State in order to effect a “significant alteration” under Article 43 of the same act. 7. If the Operating Right Holder implements, either by itself or through the Building Facility Operator, Development (Non-Operating Right Facility) of the Building Facilities which require re-positioning or new installation of a CIQ facility, it shall obtain prior approval from the State with respect to such a development. 8. If prior approval is obtained from the State with respect to each development stipulated in the preceding two paragraphs, the Operating Right Holder shall change the Mid-term Project Plan accordingly and submit this to the State promptly after obtaining approval thereto and disclose the matters for disclosure on its website.

Appears in 1 contract

Sources: Agreement to Implement Right to Operate Public Facility

Plans and Reports. Article 31 (Submission of the Master Plan) 1. In accordance with the Required Standards Document, Application Guidelines etc. and the Proposal Documents, the Operating Right Holder shall prepare and submit to the State by 30 days before the Airport Operating Business Scheduled Commencement Date a master plan the Master Plan for the entire Project for the period from the Airport Operating Business Scheduled Commencement Date until the preceding day of the day falling on the 30th 15th year after the Operating Right Establishment Date, which shall include the contents stipulated in Exhibit 11 11. In preparing the Master Plan, the Operating Right Holder shall basically conform with the contents concerning implementation of the Project proposed in the Proposal Documents within the scope of the items stipulated in Exhibit 11. 2. If the Operating Right Holder changes the contents of the master plan Master Plan during the Airport Operating Business Period, it shall obtain prior approval from the State. 3. During the Airport Operating Business Period, the Operating Right Holder shall, either by itself or through the Building Facility Facilities Operator, make its best efforts to implement the Project in accordance with the contents of the master planMaster Plan. 4. After submitting the master plan Master Plan to the State (or after obtaining approval for changechange during the Airport Operating Business Period), the Operating Right Holder shall shall, on the Airport Operating Business Commencement Date or promptly after the same date (or when the Operating Right Holder obtains an approval for change, promptly after obtaining the approval), disclose the published matters on the Operating Right Holder’s website, and continue such disclosure during the Airport Operating Business Period. 5. If the Project Period exceeds the subject period in the master plan Master Plan submitted pursuant to paragraph 1, the Operating Right Holder shall prepare and submit to the State by 30 days before the commencement date of the fiscal year (which includes the last day of the relevant subject period) a master plan the Master Plan for the entire Project covering from that date until the expiration of the Project Period in the form stipulated in Exhibit 1111 by obtaining prior consent from the State. In this case, the provisions of immediately preceding three paragraphs shall apply mutatis mutandis to the change, implementation of business and disclosure of the relevant master plan. Article 32 (Mid-term Project Plan and Material Change (of an Operating Right Facility)) 1. During the Airport Operating Business Period, the Operating Right Holder shall jointly prepare with the Building Facility Operator and submit to the State a Mid-term Project Plan for the fiscal year which includes the Airport Operating Business Scheduled Commencement Date until the 5th fiscal year (including this fiscal year), by 30 days prior to the Airport Operating Business Scheduled Commencement Date, and a Mid-term Project Plan for the subsequent 5 fiscal years by 30 days prior to the commencement date of the relevant fiscal year. 2. During the Airport Operating Business Period, the Operating Right Holder shall, either by itself or through the Building Facility Operator, implement the Project in an appropriate manner and in conformity with the Mid-term Project Master Plan. 3. In preparing a Mid-term Project Plan, the Operating Right Holder shall include a description of the Replacement Investment (in Operating Right Facility) and Development (Non-Operating Right Facility) during the subject period. The form, the matters to be indicated, and matters to be disclosed etc. in a Mid-term Project Plan shall be separately designated by the State. 4. If the Operating Right Holder changes the contents of the Mid-term Project Plan, it shall submit the revised Mid-term Project Plan to the State without delay. 5. After the Operating Right Holder submits the Mid-term Project Plan (or the revised plan if it was changed) to the State, it shall promptly disclose on its website the matters for disclosure, and maintain such disclosure until the Mid-term Project Plan on the subsequent 5 fiscal years is submitted. 6. Notwithstanding the preceding five paragraphs, if the Operating Right Holder undertakes a development that constitutes a Material Change (of an Operating Right Facility), it shall obtain prior approval from the State concerning such development. Furthermore, a Material Change (of an Operating Right Facility) shall constitute a “significant alteration” under Article 43 of the Civil Aeronautics Act. As such, the Operating Right Holder shall cooperate with the procedures in the same act which are necessary to be assumed by the State in order to effect a “significant alteration” under Article 43 of the same act. 7. If the Operating Right Holder implements, either by itself or through the Building Facility Operator, Development (Non-Operating Right Facility) of the Building Facilities which require re-positioning or new installation of a CIQ facility, it shall obtain prior approval from the State with respect to such a development. 8. If prior approval is obtained from the State with respect to each development stipulated in the preceding two paragraphs, the Operating Right Holder shall change the Mid-term Project Plan accordingly and submit this to the State promptly after obtaining approval thereto and disclose the matters for disclosure on its website.

Appears in 1 contract

Sources: Agreement to Implement Right to Operate Public Facility Etc.