Representation and Pledge that Company is not Anti-Social Forces, etc.
1. Company represents and pledges to YUTAKA Kankyo that Company (including its affiliate companies (a company that controls such company, or a company that is controlled by such company, or a company that is under the same control as such company; the same applies hereafter); the same applies hereafter) and Company’s officers and employees (its representative, officers and directors or a person who has substantive influence on management, and their employees; the same applies hereafter) do not correspond now, nor will they correspond in the future, to any of the anti-social forces below:
(1) organized crime group;
(2) organized crime group member;
(3) person for whom 5 years have not passed since ceasing to be an organized crime group member;
(4) associate member of an organized crime group;
(5) organized crime group affiliated company;
(6) corporate racketeer or the like;
(7) group engaging in criminal activities under the pretext of conducting social campaigns;
(8) crime group specialized in intellectual crimes; or
(9) other person similar to the preceding items.
2. Company represents and pledges to YUTAKA Kankyo that Company and Company’s officers and employees do not have now, nor will they have in the future, any relationship with the anti-social forces in the preceding clause or a person who is closely acquainted with anti-social forces (“Anti-social Forces”) corresponding to any of the below:
(1) relationship where its management is controlled by Anti-social Forces;
(2) relationship where Anti-social Forces are substantively involved in its management;
(3) relationship where Anti-social Forces are used;
(4) relationship where funds, etc. are provided or benefits are granted to Anti-social Forces; or
(5) other relationship with Anti-social Forces that should be socially condemned.
3. Company represents and pledges to YUTAKA Kankyo that Company and Company’s officers and employees will not, nor will they use a third party to, engage in any of the below:
(1) violent acts of demand;
(2) unjust acts of demand exceeding legal responsibility;
(3) acts that use threatening behavior or violence in regards to transactions;
(4) acts of circulating rumors and using fraud or power to damage YUTAKA Kankyo’s credibility or to interfere with YUTAKA Kankyo’s business; and
(5) other acts similar to the preceding items.
4. If it can be reasonably acknowledged that a business connection of Company corresponds to any of clauses 1 to 3, Company shall end any transactions and contracts with such business connection.
5. Company represents and pledges that if Company or Company’s officers and employees receive unreasonable demands or unreasonable interference, such as business interference, from anti-social forces, Company will refuse such demands or interference and will promptly report such fact to YUTAKA Kankyo and cooperate with YUTAKA Kankyo’s report to the investigating authorities.
6. If YUTAKA Kankyo determines that there is the likelihood that Company will violate any of clauses 1 to 4, Company will allow YUTAKA Kankyo to investigate Company and cooperate with such investigation by YUTAKA Kankyo.
7. If a violation of, or the likelihood of violating, any of clauses 1 to 4 becomes known, Company shall immediately report the contents thereof to YUTAKA Kankyo and immediately take proper remedial measures agreed to by YUTAKA Kankyo.
8. If a violation of any of the preceding clauses becomes known or if these representations and pledges become known to be false statements, Company consents that the agreement with YUTAKA Kankyo may be terminated without notice, the use of the Services may be prohibited, membership registration may be cancelled, and the agreement between the Auction Seller and Auction Buyer may be terminated by a determination based on the complete discretion of the other party. In such instances, Company will not make any claims for compensation of damages or any other demands or claims against YUTAKA Kankyo or the Auction Seller or Auction Buyer, and if any damages arise to YUTAKA Kankyo or the Auction Seller or Auction Buyer, Company will compensate any damages as Company’s responsibility.