Common use of Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company Clause in Contracts

Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary; any Depositary’s Agent; the Registrar nor the Company shall incur any liability to any holder of any Depositary Shares, 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, the Registrar or any Depositary’s Agent, by reason of any provision, present or future, of the Articles of Incorporation or the Statement of Designations or, in the case of the Company, the Depositary, the Registrar or any Depositary’s Agent, by reason of any act of God or war or other circumstances beyond the control of the relevant party, the Depositary, any Depositary’s Agent, the 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 preformed; nor shall the Depositary, any Depositary’s Agent, the Registrar or the Company incur any liability to any holder of Depositary Shares (i) by reason of any nonperformance or delay, caused as aforesaid, 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 the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither None of the Depositary; , any Depositary’s Agent; the , any Registrar nor or the Company shall incur any liability to any holder of any Depositary SharesReceipt, 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, the Registrar or any Depositary’s AgentAgent or the Registrar, by reason of any provision, present or future, of the Articles Declaration of Incorporation Trust or the Statement of Designations Articles Supplementary or, in the case of the Company, the Depositary, the Registrar or any Depositary’s AgentAgent or the Registrar, by reason of any act of God or war or other circumstances circumstance beyond the control of the relevant party, the Depositary, any Depositary’s Agent, the 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 preformedperformed; nor shall the Depositary, any Depositary’s Agent, the any Registrar or the Company incur any liability to any holder of Depositary Shares (i) a Receipt by reason of any nonperformance or delay, caused as aforesaid, 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 the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faithAgreement.

Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary; , any Depositary’s 's Agent; the , any Registrar nor the Company shall incur any liability to any holder of any Depositary SharesReceipt, 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, the Registrar Depositary's Agent or any Depositary’s Agentthe Registrar, by reason of any provision, present or future, of the Articles of Incorporation or the Statement of Designations or, in the case of the Company, the Depositary, the Registrar Depositary's Agent or any Depositary’s Agentthe Registrar, by reason of any act of God or war or other circumstances circumstance beyond the control of the relevant party, the Depositary, any Depositary’s 's Agent, the 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 preformedperformed; nor shall the Depositary, any Depositary’s 's Agent, the any Registrar or the Company incur any liability to any holder of Depositary Shares (i) a Receipt by reason of any nonperformance or delay, caused as aforesaid, 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 the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faithAgreement.

Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary; Depositary nor any Depositary’s Agent; Agent nor the Registrar nor the Company shall incur any liability to any holder of any Depositary SharesReceipt, 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, the Registrar or any Depositary’s Agent, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Statement Certificate of Designations Determination or, in the case of the Company, the Depositary, the Registrar or any Depositary’s Agent, by reason of any act of God or war or other circumstances beyond the control of the relevant party, the Depositary, any Depositary’s Agent, the 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 preformedperformed; nor shall the Depositary, any Depositary’s Agent, the Registrar or the Company incur any liability to any holder of Depositary Shares a Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of this Deposit Agreement provide shall or may be done or performed, or (iib) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except, in the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary; Depositary nor any Depositary’s Agent; Agent nor the Registrar nor the Company shall incur any liability to any holder of any Depositary SharesReceipt, 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, the Registrar or any Depositary’s Agent, by reason of any provision, present or future, of the Articles of Incorporation or the Statement Certificate of Designations or, in the case of the Company, the Depositary, the Registrar or any Depositary’s Agent, by reason of any act of God or war or other circumstances beyond the control of the relevant party, the Depositary, any Depositary’s Agent, the 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 preformedperformed; nor shall the Depositary, any Depositary’s Agent, the Registrar or the Company incur any liability to any holder of Depositary Shares a Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of this Deposit Agreement provide shall or may be done or performed, or (iib) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except, in the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary; Depositary nor any Depositary’s Agent; Agent nor the Registrar nor the Company shall incur any liability to any holder of any Depositary SharesReceipt, 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, the Registrar or any Depositary’s Agent, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Statement Certificate of Designations or, in the case of the Company, the Depositary, the Registrar or any Depositary’s Agent, by reason of any act of God or war or other circumstances beyond the control of the relevant party, the Depositary, any Depositary’s Agent, the 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 preformedperformed; nor shall the Depositary, any Depositary’s Agent, the Registrar or the Company incur any liability to any holder of Depositary Shares a Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of this Deposit Agreement provide shall or may be done or performed, or (iib) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except, in the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Prevention or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither None of the Depositary; , any Depositary’s Agent; the , any Registrar nor or the Company shall incur any liability to any holder of any Depositary SharesReceipt, 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, the Registrar or any Depositary’s AgentAgent or the Registrar, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Statement Certificate of Designations Designation or, in the case of the Company, the Depositary, the Registrar or any Depositary’s AgentAgent or the Registrar, by reason of any act of God or war or other circumstances circumstance beyond the control of the relevant party, the Depositary, any Depositary’s Agent, the 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 preformedperformed; nor shall the Depositary, any Depositary’s Agent, the any Registrar or the Company incur any liability to any holder of Depositary Shares (i) a Receipt by reason of any nonperformance or delay, caused as aforesaid, 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 the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faithAgreement.