Common use of Fungibility Clause in Contracts

Fungibility. Except as contemplated in this Restricted ADS Letter Agreement and the applicable RADS Series Supplement and except as required by applicable law, the Restricted ADSs shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADSs issued and outstanding under the terms of the Deposit Agreement that are not Restricted ADSs. Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADSs on terms more favorable than those accorded to Holders of freely transferable, unrestricted ADSs, including, without limitation, Unrestricted ADSs, under the Deposit Agreement.