These terms and conditions hereby apply to all persons car sharing or participating in a driving experience (the "Client") and the owner of the vehicle (the “Lender”). The car shared by the Lender is referred to as the Vehicle. 

 

Article 1 - General

 

(1) The Client agrees to the contract(s) for car sharing of the Vehicle

i.) Car Share Agreement

ii.) Event Participation Agreement (for driving experiences only)

(2) All prices are insurance included

(3) Pricing depends on the Vehicle selected

(4) Most Vehicles are semi-automatic with the exception of a few which are manual - if the Client does not have a manual driver's license, the Client cannot book a manual Vehicle

(5) Most Vehicles are left hand drive, with a few right hand drive options

(6) All Vehicles are provided to the Client clean and with a full tank of gas when car sharing and participating in a driving experience. The Client is not expected to wash the Vehicle before returning, but the Vehicle must be returned in the original state it was received in (no new or additional damage).

(7) In the case of car sharing, the Client must return the Vehicle with a full tank of gas. In the case the Vehicle is not brought back with a full tank of gas, the Client will be additionally charged by Tokyo Supercars KK or the amount will be subtracted from the security deposit. This is not applicable for driving experiences as the pricing includes gasoline costs.

(8) Highway fees are not included for car sharing. Tokyo Supercars can rent out ETC cards for a 20% fee on top of the usage fees. All highway fees are included for driving experiences.

(9) Tokyo Supercars strongly condemns parking of any Vehicles in coin parkings. The Client is strongly urged to park any Vehicle in a safe location or face the consequences of any damage to the Vehicle resulting from parking in a coin parking lot.

(10) "Pick-up location" hereinafter refers to the location where the Client receives the car. "Drop-off location" hereinafter refers to the location where the Client returns the car.

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Article 2 - Limitation on Use

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The Client who uses the Vehicle must comply with each of the following matters:

 

(1) No person other than the Client may drive the Vehicle unless the third party’s valid driver’s license or their international driver’s license which is valid and allows driving in Japan coupled with their passport (hereinafter collectively referred to as the “Driver’s License, etc.”) is presented to the Tokyo Supercars KK upon delivery of the Vehicle. Further, the Client shall not transfer or assign his/her status under this Agreement, grant any rights under this Agreement, or lease or sublease the Vehicle and Optional Accessories, to any third party.

(2) The Vehicle shall not be used for hire for transporting passengers or properties

(3) The Vehicle shall not be used for driving training purposes.

(4) The Client may not, during the lease period and without obtaining the Company's approval, change the setting of, detach, turn off the power supply to, take out the recording medium from, or otherwise prevent normal operation of the drive recorder.

(5) The Vehicle shall not be used for any illegal purpose or in an unsafe manner, including, without limitation: participating in a speed contest; using the Vehicle on a circuit in any manner; having a number of passengers beyond riding capacity; allowing passengers to board the Vehicle outside the passenger seats; having loads in excess of the Vehicle’s gross vehicle weight rating or loads including hazardous materials or pollutants; allowing one or more children to board the Vehicle without properly using child restraint systems (boarding support devices for infants) required under the relevant laws and regulations; operating the Vehicle while having any narcotics, alcohol or intoxicants inside his/her body or while the body function is impaired by the use of drugs, whether with or without a prescription; operating the Vehicle for the purpose of towing or pushing a subject.

(6) Alteration or modification of the Vehicle and the Optional Accessories, including, but not limited to, removal of anything from the Vehicle is prohibited.

(7) The Vehicle shall not be operated off-road or on unpaved roads.

(8) The Vehicle shall not be operated by any Client who provided Tokyo Supercars KK with false or misleading information.

(9) The Vehicle shall not be operated by any person other than those who have a valid Driver’s License, etc. which Tokyo Supercars KK or its affiliate has confirmed.

(10) The Vehicle shall not be carried out outside Japan.

(11) Smoking is not permitted inside the Vehicle.

(12) Removing pets from pet carriers inside the Vehicle shall be prohibited.

(13) The Client shall not equip or install The Vehicle with tire chains. The Vehicles shall not be operated on designated sections of roads and highways where drivers are required to use tire chains on vehicles.

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Article 3 - Tokyo Supercars KK’s Right to Terminate, etc.

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(1) In the event that any of the following applies, Tokyo Supercars KK shall have the right to terminate this Agreement immediately, without having to give any notification whatsoever to the Client (each, a “Termination Right”):

i.) Any Prohibited Use occurs, regardless of fault on the part of the Client; or

ii.) The Client violates or breaches any term of this Agreement or the Car Share Agreement and Event Particiaption Agreement

(2) Tokyo Supercars KK’s exercise of its Termination Right shall not limit the Tokyo Supercars KK's rights under the laws and regulations or pursuant to this Agreement. Upon the Tokyo Supercars KK’s exercise of its Termination Right, Tokyo Supercars KK may collect the Vehicle without legal process or notice to the Client. Unless there has been willful misconduct or gross negligence on the part of Tokyo Supercars KK, the Client waives all claims for damages incurred due to such collection, including loss or damage to the Client's property loaded to the Vehicle, and shall pay all expenses incurred by Tokyo Supercars KK in returning the Vehicle to the Drop-Off Location.

(3) If the Client continues to operate the Vehicle without giving notice to Tokyo Supercars KK after the Car Rental Period is expired, Tokyo Supercars KK may report to the police that the Vehicle has been stolen. The Client hereby agrees to indemnify Tokyo Supercars KK for any and all damage incurred by Tokyo Supercars KK arising from such report.

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Article 4 - Vehicle Condition

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(1) The Client agrees that he/she has received the Vehicle and the Optional Accessories in good physical and mechanical condition and fit for operation. The Client agrees to inspect such condition before driving the Vehicle and, if the Vehicle and any Optional Accessories are not in such condition, to notify the Company immediately before driving the Vehicle.

(2) The Client agrees that the Client is using the Vehicle and the Optional Accessories “as is” and has had an adequate opportunity to inspect the Vehicle and the Optional Accessories before taking possession of the Vehicle.

(3) The Client agrees to return the Vehicle (including all Optional Accessories) in the same condition as received excluding ordinary wear and tear at the Drop-Off Location, on or before the return time stated in the Car Rental Confirmation Email or, if requested by the Tokyo Supercars KK, the time designated by the Tokyo Supercars KK.

(4) The Client agrees, if the Vehicle ceases to operate properly, to immediately notify Tokyo Supercars KK and stop driving the Vehicle to park the Vehicle in a safe location and, if any Optional Accessories cease to operate properly, to immediately notify the Tokyo Supercars KK.

(5) The Client shall not repair or have any third party repair the Vehicle or Optional Accessories without permission from Tokyo Supercars KK.

(6) The Client agrees to maintain the Vehicle in a manner consistent with the guidelines contained in the Reference Information, including, but not limited to, using the proper type of fuel, etc.

(7) The Client shall use and keep the Vehicle with the due care from his/her taking of the delivery of the Vehicle until his/her return of it to Tokyo Supercars KK.

(8) The Client shall return the Vehicle at the Drop-Off Location designated by Tokyo Supercars KK.

(9) The Client agrees that, depending on the business circumstances, etc., the rental service for Optional Accessories may not be available to the Client.

(10) The Client agrees that, when a certain period of time designated by Tokyo Supercars KK passes from the start time of the Car Rental Period or the scheduled return time, Tokyo Supercars KK staff will not wait at the Pick-Up Location or Drop-Off Location. The Client also agrees that, if the Vehicle is not returned despite the lapse of our prescribed time from the scheduled return time, the Client him/herself must return the Vehicle to the Tokyo Supercar KK’s place of business while being charged for the extended fees, which will be calculated by multiplying the Car Rental Rate (hourly rate) by the number of hours after the scheduled return time and until the actual completion of return procedures.

(11) When the fuel tank is not full of gasoline at the time of the return of the Vehicle (what is called “full tank of gas”), the Client shall pay Tokyo Supercars KK the refueling charge, which shall be 175 yen per liter needed to refuel the fuel tank until full tank of gas.

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Article 5 - Change, Cancellation, etc., of Reservation

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(1) The Client agrees to pay each of the following amounts to the Company:

i.) The Client shall obtain Tokyo Supercar KK's approval in order to change a Reservation.

ii.) The Client may cancel a Reservation only by twenty four (24) hours before the beginning of the Car Rental Period. The Client may not cancel a Reservation after the lapse of twenty four (24) hours before the beginning of the Car Rental Period.

iii.) The Client agrees that Tokyo Supercars KK may cancel a Reservation for compelling reasons.

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Article 6 - Payment

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(1) The Client agrees to pay each of the following amounts to Tokyo Supercars KK:

i.) The Total Car Rental Rate for the entire Car Rental Period;

ii.) An amount obtained by multiplying the Car Rental Rate (Extended fee per hour) by the number of hours (by one-hour unit) during which the Client uses the Vehicle in excess of the Car Rental Period;

iii.) Out of the losses due to physical damage to or theft of the Vehicle, the amount not covered by the Motor Vehicle Insurance;

iv.) Out of the compensation for damage to any third party due to car accidents, etc., caused by the Client, the portion not covered by the Motor Vehicle Insurance as set forth in Article 8;

v.) Damage which shall be borne by the Client as described at the end of this Agreement (whole or part of the Deductible shall be borne by Tokyo Supercars KK in case the Client subscribes for the Compensation Package);

vi.) Compensation Package fee in case the Client selects to subscribe for the Compensation Package;

vii.) Lost profit incurred by the Tokyo Supercars KK caused by the non-operation of the Vehicle during the repair due to any physical damage to the Vehicle, and any diminution in value of the Vehicle where cleaning is conducted because of taint or damage, out of damage which shall be borne by the Client as described at the end of this Agreement;

viii.) Parking fees, tolls, any and all fees required for towing or storage, as well as all fines, penalty fees and attorneys’ fees arising from violations of laws or regulations, incidental to the operation of the Vehicle by the Client;

ix.) All expenses incurred by Tokyo Supercars KK in the collection of amounts due to Tokyo Supercars KK under this Agreement or in the process of collecting the Vehicle including, without limitation, Tokyo Supercars KK’s administrative fees and reasonable attorneys’ fees, etc.; and

x.) Costs to replace the Optional Accessories or the Standard Equipment, and the lost profit incurred by Tokyo Supercars KK in relation thereto, in case they are not returned in good working condition at the end of the Car Rental Period due to the Client's willful misconduct or negligence.

xi.) In the event the Client fails to perform any monetary obligation under this Agreement, the Client shall pay Tokyo Supercars KK damages at the rate of 14.6% per annum.

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Article 7 - Compliance with Laws and Regulations

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(1) The Client agrees to comply with all applicable laws and regulations.

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Article 8 - Insurance Coverage

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(1) The Client will be insured under the Motor Vehicle Insurance policy covering the Car Rental Period with regard to the Vehicle. A copy of such insurance policy is available to such Client.

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(2) The indemnity under the Motor Vehicle Insurance policy shall be in accordance with each of the following items; provided, however, that the insurance does not cover repair costs for damaged tires in case of damage to tires, costs for new tires and wages in case of replacement of tires, and costs for tire wheels in case of damage to tire wheels:

i.) Bodily injury/death liability: unlimited per person (including automobile liability insurance);

ii.) Property damage liability: unlimited per accident (Deductible: JPY 500,000);

iii.) Rented vehicle (wide cover type): up to market value per accident (Deductible: JPY 500,000); and

iv.) Personal injury liability: A maximum of 50 million JPY x persons involved per one accident, a maximum of 50 million JPY per person

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(3) If the Client is involved in an accident during the use of the Vehicle as permitted by this Agreement (including any accidents where the Client is victimized and assumes no liability), the Motor Vehicle Insurance shall be applied, subject to the limitations set out in this Article, from and against liability to provide compensation for any damage to the Vehicle, any personal injury (including death) and any damage to third parties (excluding persons who are not regarded as third parties under automobile insurance contract, such as relatives or family members residing with the Client).

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(4) Notwithstanding the provision of the preceding paragraph, if the amount of compensation for damage to the Vehicle, personal injury or third parties caused by an accident exceeds the coverage limits of the Motor Vehicle Insurance or if the Motor Vehicle Insurance is not applicable, the Client assumes liability for paying such portion to Tokyo Supercars KK. The Client also assumes liability for paying to Tokyo Supercars KK the Deductible of JPY 500,000 with respect to the rented vehicle coverage of the Motor Vehicle Insurance. Non-Operation Charge is JPY 10,000 per day.

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(5) If an accident or incident occurs on the Vehicle during its use by the Client, the Client undertakes to do the following:

i.) if there is an injured person, provide rescue for the injured person and call for an ambulance;

ii.) report to the police immediately;

iii.) endeavor to obtain the names and addresses of all parties involved and witnesses;

iv.) do not admit liability or guilt without a prior written consent of Tokyo Supercars KK;

v.) do not abandon the Vehicle without adequate provisions for safeguarding and securing the same;

vi.)  contact by phone to Tokyo Supercars KK

vii.) contact by phone the insurance company counter listed on the rental certificate and the document onboard the Vehicle and follow their instructions;

viii.) cooperate fully with the Tokyo Supercars KK’s investigation of the accident or incident; and

ix.) deliver to Tokyo Supercar KK all documents relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, the Client shall fully cooperate with Tokyo Supercars KK.

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(6) The Motor Vehicle Insurance does not cover any theft or loss of personal belongings of the Client. Tokyo Supercars KK accepts no responsibility for any theft of personal belongings of the Client. Tokyo Supercars KK assumes no liability to the Client or any other person for any damage to the Client’s personal property except for the case involving Tokyo Supercars KK’s willful misconduct or gross negligence. The Client agrees to indemnify and hold Tokyo Supercars KK harmless from any claim against Tokyo Supercars KK for damage to the Client’s or a third party’s personal property which are made in connection with a Reservation or use of the Vehicle under this Agreement.

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(7) The Motor Vehicle Insurance will not apply when the Client uses the Vehicle in a manner prohibited by this Agreement, including, but not limited to, the use of a Vehicle by a person other than the Client, or fails to report damage as required by this Agreement. In such case, the Client assumes liability for any and all damage to the Vehicle, a third party and the Client him/herself.

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(8) The terms and conditions of the Tokyo Supercars KK’s insurance described in this Article (including, without limitation, coverage limits and the amount of any applicable Deductible) are subject to change without notice. Such change will be made available on the Tokyo Supercars Website and the Client agrees that such change shall be deemed to amend this Agreement as of the time such change in the Tokyo Supercars KK’s insurance comes into effect. The Client may request Tokyo Supercars KK to provide the Client with a summary on the terms and conditions of such insurance then in effect. 

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(9) Client’s responsibility for loss of or damage to the Vehicle shall be described as follows:

i.) If the Client fails to comply with this Agreement, he/she accepts responsibility for all damage or loss related to the Vehicle and the use thereof.

ii.) The Client accepts responsibility for damage to or loss of the Vehicle caused by his/her willful misconduct or negligence while the Vehicle is in the Client’s possession.

iii.) The Client assumes liability for paying Tokyo Supercars KK, upon demand from Tokyo Supercars KK, the costs of repairs for damage to or loss of the Vehicle pursuant to Item (2) above. 

iv.) The Client accepts responsibility for the full value of the Vehicle if it is established that he/she has committed, aided or abetted in the commission of, the theft of the Vehicle. 

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Article 9 - Illegal Parking

 

(1)  If the Client parks the Vehicle illegally in violation of the Road Traffic Act, the Client shall, immediately after the illegal parking, appear at the police station with jurisdiction over the location of the illegal parking (the “Competent Police Station”) and pay the penalty, etc., for such illegal parking as well as expenses for towing, storage, collection, etc. associated with such illegal parking, at its own responsibility and expense (the “Handling of the Violation”).

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(2)  If Tokyo Supercars KK receives notice from the Competent Police Station on the Client’s illegal parking of the Vehicle, Tokyo Supercars KK shall contact the Client and instruct the Client to move the Vehicle in a prompt manner, appear at the Competent Police Station and perform the Handling of the Violation by the expiration of the Car Rental Period for the Vehicle or the time instructed by Tokyo Supercars KK, and the Client shall follow such instructions. If the Vehicle is towed by the Competent Police Station, Tokyo Supercars KK itself may, at its discretion, collect the Vehicle from the Competent Police Station.

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(3) The Vehicle, and the Client shall sign a document designated by Tokyo Supercars KK (the “Acknowledgement Letter”) which states that the Client acknowledges the fact of his/her illegal parking and compliance with the relevant legal measures as a violator, etc. after appearance at the Competent Police Station and the public safety commission. After giving the instructions specified in the preceding paragraph to the Client, Tokyo Supercars KK may, at its discretion, confirm the status of the Handling of the Violation by checking traffic violation notice, payment notice and receipts, etc., and if the Handling of the Violation is not completed, Tokyo Supercars KK may again provide the Client with the instructions specified in the preceding paragraph until the Handling of the Violation is completed. If the Client fails to comply with the instructions specified in the preceding paragraph, Tokyo Supercars KK may, without notice or demand, terminate this Agreement and demand the Client to immediately return

 

(4) The Client agrees that Tokyo Supercars KK may, if Tokyo Supercars KK considers it necessary, cooperate with the Competent Police Station by submitting the Acknowledgement Letter, a rental certificate and other materials containing personal information and cooperate with the public safety commission materials by submitting an explanatory statement stipulated in Article 51-4(6) of the Road Traffic Act, the Acknowledgement Letter and a rental certificate, etc.

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(5) In the event that the Client fails to conduct the Handling of the Violation until the time of returning the Vehicle, or Tokyo Supercars KK bears any expenses required for searching of the Client or the Vehicle (“Searching Expenses”), or Tokyo Supercars KK bears any expenses required for the towing, storage, collection, etc., of the Vehicle (“Vehicle Management Expenses”), the Client shall pay the following expenses to Tokyo Supercars KK no later than the due date designated by Tokyo Supercars KK:

i.) Amount equivalent to an abandonment penalty; and

ii.) Searching Expenses and Vehicle Management Expenses

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(6) If Tokyo Supercars KK, after the Client has paid the fine for illegal parking to Tokyo Supercars KK pursuant to the preceding paragraph, receives refund of the applicable abandonment penalty due to the fact that the Client pays the penalty for such illegal parking, becomes subject to prosecution or is brought before the family court for trial, Tokyo Supercars KK shall return the fine for illegal parking to the Client.

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Article 10 - Company's Liability

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(1) Tokyo Supercars KK shall not be liable for any loss of, or damage to, the Client’s personal property in the Vehicle, loss or damage incurred by the Client as a result of any claims made by a third party, or damage in connection with: (i) the reservation of a Vehicle, the failure to make a reservation for a Vehicle for any reason, or the non-availability of a particular type of Vehicles or Vehicles supplied by Tokyo Supercars KK; or (ii) the use by the Client or a third party of any Vehicle’s Optional Accessories, whether or not supplied by Tokyo Supercars KK, (for example, for child restraint apparatus, luggage racks, or bicycle racks; the Client is responsible for the safe installation of such Optional Accessories and must check the condition of such Optional Accessories before each use), unless such loss or damage is caused by Tokyo Supercars KK’s willful misconduct or gross negligence. The Client acknowledges and agrees that no bailment shall be created upon Tokyo Supercars KK for any personal property left in the Vehicle.

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(2) Tokyo Supercars KK shall not be liable to the Client or any third party for any indirect, incidental, special or consequential damages, including loss of profit, revenue, goodwill or business opportunity arising out of or in connection with delay in delivery or collection of the Vehicle, unless such loss or damage is caused by Tokyo Supercars KK’s willful misconduct or gross negligence.

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Article 11 - Mechanical Breakdown

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(1) For roadside assistance, please call the number indicated in the rental certificate.

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Article 12 - Personally Identifiable Information

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(1) Tokyo Supercars KK may collect and use personally identifiable data about the Client in accordance with Tokyo Supercars KK’s privacy policy.

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Article 13 - Provision to Third Parties

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(1) The Client agrees that Tokyo Supercars KK may, under the laws and regulations, provide information in Tokyo Supercars KK’s possession about the Client, including, but not limited to, the Client’s name, address and Driver’s Licenses, etc. to applicable governmental authorities or other third parties, in connection with Tokyo Supercars KK’s exercise of its rights under this Agreement.

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Article 14 - Dashboard Camera / Drive Recorder

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(1) The Client acknowledges and agrees that the Vehicle may be equipped with a dashboard camera to record the driving conditions of the Client, and that Tokyo Supercars KK may use such recorded information for the following purposes:

i.) To confirm the circumstances of an accident when an accident occurs.

ii.) To confirm the driving conditions of the Client when it is deemed necessary for the management of the Vehicle or the performance of this Agreement, etc.

iii.) To use for the improvement of the quality of products and services, etc. provided to the Client and marketing analyses for the improvement of customer satisfaction, etc.

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(2) The Client acknowledges and agrees that, if the Tokyo Supercars KK is required to make disclosure under laws and regulations or receives disclosure requests or orders from courts, administrative bodies or other public agencies with respect to the information recorded by the dashboard camera referred to in the preceding paragraph, the Tokyo Supercars KK may disclose such information within the extent necessary.

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Article 15 - Exclusive Jurisdiction

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(1) Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

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(2) All terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to the laws of Japan.