Common use of Liability of the Depositary Clause in Contracts

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary, any Depositary's Agent, the Registrar or the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, any Depositary's Agent or the Registrar, by reason of any provision, present or future, of the Articles of Incorporation or the Articles Supplementary or, in the case of the Company, the Depositary, any Depositary's Agent or the Registrar, 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit Agreement.

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary's Agents, the Registrar and the Company. Neither the Depositary nor any Depositary's Agent, Agent nor the Registrar or nor the Company shall incur any liability to any holder of this Depositary 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, the Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any provision, provision present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designation or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if such exercise or failure to exercise discretion is caused by its gross negligence or willful misconduct.

Liability of the Depositary. THE DEPOSITARY'S AGENTSthe Depositary's Agents, THE REGISTRAR AND THE COMPANYthe Registrar and the Company. None of Neither the Depositary, any Depositary's Agent, the any Registrar or nor the Company shall incur any liability to any holder of this Depositary 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 Depositary's Agent or the any Registrar, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designation or, in the case of the Company, the Depositary, any Depositary's Agent or the any Registrar, 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 any Registrar or the Company shall be prevented or forbidden from doing or performing any act or thing that the terms of the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the any Registrar or the Company incur any liability to any holder of this Depositary Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit Agreement.

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary, any Depositary's Agent’s Agents, the Registrar or and the Company. Neither the Depositary nor any Depositary’s Agent nor the Registrar nor the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, the Registrar or any Depositary's Agent or the Registrar’s Agent, by reason of any provision, provision present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designation or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the Registrar’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 ’s Agent, 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 the terms of the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's ’s Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit AgreementAgreement except, in the case of the Depositary, any Depositary’s Agent or the Registrar, if such exercise or failure to exercise discretion is caused by its negligence, bad faith or willful misconduct.

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of Neither the Depositary, Depositary nor any Depositary's Agent, Agent nor the Registrar or nor the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any provision, provision present or future, of the Articles of Incorporation or the Articles Supplementary Certificate of Determination or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Liability of the Depositary. THE DEPOSITARY'S ’S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary, any Depositary's ’s Agent, the Registrar or the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, any Depositary's ’s Agent or the Registrar, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designation or, in the case of the Company, the Depositary, any Depositary's ’s Agent or the Registrar, by reason of any act of God or war or other circumstances 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's ’s Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit Agreement.

Liability of the Depositary. THE DEPOSITARY'S ’S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary, any Depositary's ’s Agent, the Registrar or the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, any Depositary's ’s Agent or the Registrar, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designations or, in the case of the Company, the Depositary, any Depositary's ’s Agent or the Registrar, by reason of any act of God or war or other circumstances 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's ’s Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit Agreement.

Liability of the Depositary. THE DEPOSITARY'S ’S AGENTS, THE REGISTRAR AND THE COMPANY. None of Neither the Depositary, Depositary nor any Depositary's Agent, ’s Agent nor the Registrar or nor the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, the Registrar or any Depositary's Agent or the Registrar’s Agent, by reason of any provision, provision present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Determination or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the Registrar’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 ’s Agent, the Registrar or the Company shall be prevented or forbidden from doing or performing any act or thing that the terms of the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's ’s Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit AgreementAgreement except, in the case of the Depositary, any Depositary’s Agent or the Registrar, if such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary's Agents, the --------------------------------------------------------- Registrar and the Company. Neither the Depositary nor any Depositary's Agent, Agent ------------------------- nor the Registrar or nor the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any provision, provision present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designations or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary's Agents, the Registrar ------------------------------------------------------------------- and the Company. Neither the Depositary nor any Depositary's Agent, Agent nor the --------------- Registrar or nor the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any provision, provision present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designations or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of the Depositary, any Depositary's Agent, the Registrar or the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, any Depositary's Agent or the Registrar, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Designations or, in the case of the Company, the Depositary, any Depositary's Agent or the Registrar, 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit Agreement.

Liability of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. None of Neither the Depositary, Depositary nor any Depositary's Agent, Agent nor the Registrar or nor the Company shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any provision, provision present or future, of the Articles Certificate of Incorporation or the Articles Supplementary Certificate of Determination or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, 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 the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of this Depositary Receipt (ia) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Liability of the Depositary. THE DEPOSITARY'S ’S AGENTS, THE REGISTRAR AND THE COMPANYTRUST. None of the Depositary, any Depositary's ’s Agent, the Registrar or the Company Trust shall incur any liability to any holder of this Depositary 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 governmental authority or, in the case of the Depositary, any Depositary's ’s Agent or the Registrar, by reason of any provision, present or future, of the Articles Declaration of Incorporation Trust or the Articles Supplementary or, in the case of the CompanyTrust, the Depositary, any Depositary's ’s Agent or the Registrar, by reason of any act of God or war or other circumstances beyond the control of the relevant party, the Depositary, any Depositary's ’s Agent, the Registrar or the Company Trust shall be prevented or forbidden from doing or performing any act or thing that the terms of the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's ’s Agent, the Registrar or the Company Trust incur any liability to any holder of this Depositary Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of the 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 the Deposit Agreement.