Common use of Prevention of or Delay in Performance Clause in Contracts

Prevention of or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, ANY REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor any Registrar nor the Company shall incur any liability to any holder of any Depositary Share if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, any Depositary's Agent or any Registrar, by reason of any provision, present or future, of the Company's Articles or Certificate of Incorporation (including the Certificate) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, any Depositary's Agent, any Registrar or the Company shall be prevented or forbidden from doing or performing any act or thing that the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, any Registrar or the Company incur any liability to any holder of a Depositary Share (i) by reason of any nonperformance or delay, which is the result of any of the foregoing, in the performance of any act or thing that the terms of this Deposit Agreement provide shall or may be done or performed or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except in case of any such exercise or failure to exercise discretion caused by the [negligence, as to the Depositary], gross negligence or willful misconduct of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, ANY THE REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor any Registrar nor the Company shall incur any liability to any holder of any Depositary Share Receipt if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, any the Depositary's Agent or any the Registrar, by reason of any provision, present or future, of the Company's Articles or Certificate of Incorporation (including the Certificate) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, any the Depositary's Agent, any the Registrar or the Company shall be prevented or forbidden from from, or subjected to any penalty on account of, doing or performing any act or thing that which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, any Registrar or the Company incur any liability to any holder of a Depositary Share Receipt (i) by reason of any nonperformance or delay, which is the result of any of the foregoingcaused as aforesaid, in the performance of any act or thing that which the terms of this Deposit Agreement provide shall or may be done or performed performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except except, in case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the [negligence, as to the Depositary], gross negligence or willful misconduct of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARYBy the Depositary, THE DEPOSITARY'S AGENTSThe Depositary’s Agents, ANY REGISTRAR OR THE COMPANYthe Registrar or the Company. Neither the Depositary nor any Depositary's ’s Agent nor any Registrar nor the Company shall incur any liability to any holder of any Depositary Share Receipt if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, any the Depositary's ’s Agent or any the Registrar, by reason of any provision, present or future, of the Company's Articles ’s Certificate of Incorporation or Certificate of Incorporation (including the Certificate) Designation or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, any the Depositary's ’s Agent, any the Registrar or the Company shall be prevented prevented, delayed or forbidden from doing or performing any act or thing that which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's ’s Agent, any Registrar or the Company incur any liability or be subject to any holder of a Depositary Share obligation (i) by reason of any nonperformance or delay, which is the result of any of the foregoingcaused as aforesaid, in the performance of any act or thing that which the terms of this Deposit Agreement provide shall or may be done or performed performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except except, in case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the [negligence, as to the Depositary]fraud, gross negligence dishonesty, or willful misconduct of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, ANY THE REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor any the Registrar nor the Company shall incur any liability to any holder of any Depositary Share Receipt if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, any the Depositary's Agent or any the Registrar, by reason of any provision, present or future, of the Company's Articles or Certificate of Incorporation (including the Certificate) or by reason of any act of God or war or other circumstance beyond the reasonable control of the relevant party, the Depositary, any the Depositary's Agent, any the Registrar or the Company shall be prevented prevented, delayed or forbidden from from, or subjected to any penalty on account of, doing or performing any act or thing that which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, any the Registrar or the Company incur any liability to any holder of a Depositary Share Receipt (i) by reason of any nonperformance or delay, which is the result of any of the foregoingcaused as aforesaid, in the performance of any act or thing that which the terms of this Deposit Agreement shall provide shall or may be done or performed performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except except, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the [negligence, as to the Depositary], gross negligence or willful misconduct of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, ANY THE REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor any Registrar nor the Company shall incur any liability to any holder of any Depositary Share Receipt if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, any the Depositary's Agent or any the Registrar, by reason of any provision, present or future, of the Company's Restated Articles or Certificate of Incorporation (including the Certificate) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, any the Depositary's Agent, any the Registrar or the Company shall be prevented or forbidden from from, or subjected to any penalty on account of, doing or performing any act or thing that which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, any Registrar or the Company incur any liability to any holder of a Depositary Share Receipt (i) by reason of any nonperformance or delay, which is the result of any of the foregoingcaused as aforesaid, in the performance of any act or thing that which the terms of this Deposit Agreement shall provide shall or may be done or performed performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except except, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the [negligence, as to the Depositary], gross negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, ANY REGISTRAR OR THE COMPANYthe Registrar or the Corporation. Neither the Depositary nor any Depositary's ’s Agent nor any Registrar nor any Transfer Agent nor the Company Corporation shall incur any liability to any holder Holder of a Receipt or any Depositary Share beneficial owner thereof if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, any the Depositary's ’s Agent or the Registrar or any RegistrarTransfer Agent, by reason of any provision, present or future, of the Company's Articles or Corporation’s Amended and Restated Certificate of Incorporation Incorporation, as amended (including the Certificate) Certificate of Designations), or by reason of any act of God or war war, epidemic or pandemic or other circumstance beyond the control of the relevant party, the Depositary, any the Depositary's ’s Agent, the Registrar, any Registrar Transfer Agent, or the Company Corporation shall be prevented or forbidden from from, or subjected to any penalty on account of, doing or performing any act or thing that which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's ’s Agent, any Registrar Registrar, any Transfer Agent, or the Company Corporation incur any liability to any holder Holder of a Depositary Share Receipt or any beneficial owner thereof (i) by reason of any nonperformance or delay, which is the result of any of the foregoingcaused as aforesaid, in the performance of any act or thing that which the terms of this Deposit Agreement shall provide shall or may be done or performed performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except in case the event of any such exercise or failure to exercise discretion caused by the [negligence, as to the Depositary]bad faith, gross negligence or willful misconduct (each as determined by a final non-appealable judgment, order, decree or ruling of a court of competent jurisdiction) of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, ANY THE REGISTRAR OR THE COMPANY. Neither None of the Depositary nor Depositary, any Depositary's Agent nor any Registrar nor or the Company shall incur any liability to any holder Record Holder of any Depositary Share Receipt if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, Depositary or any Depositary's Agent or any RegistrarAgent, by reason of any provision, present or future, of the Company's Articles or Amended and Restated Certificate of Incorporation Incorporation, as amended (including the Certificate) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, any Depositary's Agent, any Registrar or the Company shall be prevented or forbidden from from, or subjected to any penalty on account of, doing or performing any act or thing that which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, any Registrar Agent or the Company incur any liability to any holder Record Holder of a Depositary Share Receipt (i) by reason of any nonperformance or delay, which is the result of any of the foregoingcaused as aforesaid, in the performance of any act or thing that which the terms of this Deposit Agreement provide shall or may be done or performed performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except except, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the [negligence, as to the Depositary], gross negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, ANY THE REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor any Registrar nor the Company shall incur any liability to any holder of any Depositary Share Receipt if by reason of any provision of any present or future law, or regulation thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary, any the Depositary's Agent or any the Registrar, by reason of any provision, present or future, of the Company's Restated Articles or Certificate of Incorporation (including the CertificateArticles of Amendment) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, any the Depositary's Agent, any the Registrar or the Company shall be prevented or forbidden from from, or subjected to any penalty on account of, doing or performing any act or thing that which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, any Registrar or the Company incur any liability to any holder of a Depositary Share Receipt (i) by reason of any nonperformance or delay, which is the result of any of the foregoingcaused as aforesaid, in the performance of any act or thing that which the terms of this Deposit Agreement provide shall or may be done or performed performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except except, in case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the [negligence, as to the Depositary], gross negligence or willful misconduct of the party charged with such exercise or failure to exercise.