Common use of Liability of the Depositary Clause in Contracts

Liability of the Depositary. THE DEPOSITARY'S AGENTS OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor the Company shall incur any liability to any holder of any 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 or the Depositary's Agent, by reason of any provision, present or future, of the Restated Articles of Incorporation or the Articles of Amendment or, in the case of the Company, the Depositary or the 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 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 or the Company incur any liability to any holder of a Depositary 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 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 not caused as aforesaid, if caused by the negligence, bad faith or willful misconduct of the party charged with such exercise or failure to exercise.

Liability of the Depositary. THE DEPOSITARY'S AGENTS OR ’S AGENTS, THE COMPANYREGISTRAR AND THE CORPORATION. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, the Company Registrar or the Corporation shall incur any liability to any holder of any 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 Depositary, any Depositary’s Agent or the Depositary's AgentRegistrar, by reason of any provision, present or future, of the Restated Articles Certificate of Incorporation or the Articles Certificate of Amendment Designations or, in the case of the CompanyCorporation, the Depositary Depositary, any Depositary’s Agent or the Depositary's AgentRegistrar, 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 ’s Agent, the Registrar or the Company Corporation shall be prevented or forbidden from doing or performing any act or thing that the terms of this the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent ’s Agent, the Registrar or the Company Corporation incur any liability to any holder of a 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 this 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 this the Deposit Agreement except, in case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the negligence, bad faith or willful misconduct of the party charged with such exercise or failure to exerciseAgreement.

Liability of the Depositary. THE DEPOSITARY'S AGENTS OR THE COMPANYthe Depositary's Agents, the Registrar and Pattxxxxx. Neither Xxither the Depositary nor any Depositary's Agent nor the Company shall Registrar nor Pattxxxxx xxxll incur any liability to any holder of any Depositary this 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, the Registrar or the any Depositary's Agent, by reason of any provision, provision present or future, of the Restated Articles Certificate of Incorporation or the Articles Certificate of Amendment Designation or, in the case of the CompanyPattxxxxx, xxe Depositary, the Depositary Registrar or the 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 Agent, the Registrar or the Company shall Pattxxxxx xxxll be prevented or forbidden from doing or performing any act or thing that the terms of this the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent Agent, the Registrar or the Company incur Pattxxxxx xxxur any liability to any holder of a Depositary this Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of this 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 this the Deposit Agreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if such exercise or failure to exercise discretion not caused as aforesaid, if is caused by the negligence, its negligence or bad faith or willful misconduct of the party charged with such exercise or failure to exercisefaith.

Liability of the Depositary. THE DEPOSITARY'S AGENTS OR THE COMPANYthe Depositary’s Agents, the Registrar and the Company. Neither the Depositary nor any Depositary's ’s Agent nor the Registrar nor the Company shall incur any liability to any holder of any Depositary ReceiptShares, if by reason of any provision of any present or future law law, or regulation thereunder thereunder, of the United States of America or of any other governmental authority or, in the case of the Depositary Depositary, any Depositary’s Agent or the Depositary's AgentRegistrar, by reason of any provision, present or future, of the Restated Articles Certificate of Incorporation or the Articles of Amendment or, in the case of the Company, the Depositary Certificate or the Depositary's Agent, 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 ’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 which the terms of this the Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent ’s Agent, the Registrar or the Company incur any liability to any holder of a Depositary Receipt 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 the Deposit Agreement shall 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 the Deposit Agreement except, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, willful misconduct or bad faith or willful misconduct of the party charged with such exercise or failure to exercise.