Common use of Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company Clause in Contracts

Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company. (a) Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.06), the Company does not assume any obligation or shall be subject to any liability under this Deposit Agreement or any Receipt to holders of Receipts other than from acts or omissions arising out of conduct constituting bad faith, gross negligence or willful misconduct in the performance of such duties as are specifically set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Transfer Agent or Registrar assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts, the Company or any other person or entity other than for its bad faith, gross negligence or willful misconduct (which bad faith, gross negligence or willful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling of a court of competent jurisdiction). Notwithstanding anything to the contrary contained herein, neither the Depositary, nor any Depositary’s Agent nor any Transfer Agent or Registrar shall be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including but not limited to, lost profits, even if such person or entity alleged to be liable has knowledge of the possibility of such damages. Any liability of the Depositary and any Registrar or Transfer Agent under this Deposit Agreement will be limited to the amount of annual fees paid by the Company to the Depositary or any Registrar or Transfer Agent.

Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company. (a) Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.065.12), the Company does not assume any obligation or shall be subject to any liability under this Deposit Agreement or any Receipt to holders of Receipts other than from acts or omissions arising out of conduct constituting bad faith, gross negligence or willful misconduct in the performance of such duties as are specifically set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Transfer Agent or Registrar assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts, the Company or any other person or entity other than for its bad faith, gross negligence or willful misconduct (which bad faith, gross negligence or willful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling of a court of competent jurisdiction). Notwithstanding anything to the contrary contained herein, neither the Depositary, nor any Depositary’s Agent nor any Transfer Agent or Registrar shall be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including but not limited to, lost profits, even if such person or entity alleged to be liable has knowledge of the possibility of such damages. Any liability of the Depositary and any Registrar or Transfer Agent under this Deposit Agreement will be limited to the amount of annual fees paid by the Company to the Depositary or any Registrar or Transfer Agent.

Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company. (a) Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.065.06 hereof), the Company does not assume any obligation or obligation, nor shall the Company be subject to any liability under this Deposit Agreement or any Receipt to holders of Receipts other than from acts or omissions arising out of conduct constituting bad faith, gross negligence or willful misconduct in the performance of such duties as are specifically set forth in this Deposit Agreement. Neither Each of the Depositary Depositary, any Depositary’s Agent, Transfer Agent and Registrar shall at all times act in good faith and shall use its best efforts within reasonable time limits to insure the accuracy of all services performed pursuant to this Deposit Agreement. Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.06), neither the Depositary, nor any Depositary’s Agent Agent, nor any Transfer Agent or Registrar assumes any obligation obligation, nor shall the Depositary, any Depositary’s Agent or shall any Transfer Agent or Registrar be subject to any liability under this Deposit Agreement to holders of Receipts, the Company or any other person or entity other than for its bad faith, gross negligence or willful misconduct (which bad faith, gross negligence or willful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling in the performance of a court of competent jurisdiction)such duties as are specifically set forth in this Deposit Agreement. Notwithstanding anything to the contrary contained herein, neither the Company, the Depositary, nor any Depositary’s Agent nor any Agent, Transfer Agent or Registrar shall be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including but not limited to, lost profits, even if such person or entity alleged to be liable has knowledge of the possibility of such damages. Any liability of the Depositary and any Registrar or Transfer Agent under this Deposit Agreement will be limited to the amount of annual fees paid by the Company to the Depositary or any Registrar or Transfer Agent.

Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company. (a) Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.065.12), the Company does not assume any obligation or shall be subject to any liability under this Deposit Agreement or any Receipt to holders of Receipts other than from acts Table of Contents or omissions arising out of conduct constituting bad faith, gross negligence or willful misconduct in the performance of such duties as are specifically set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Transfer Agent or Registrar assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts, the Company or any other person or entity other than for its bad faith, gross negligence or willful misconduct (which bad faith, gross negligence or willful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling of a court of competent jurisdiction). Notwithstanding anything to the contrary contained herein, neither the Depositary, nor any Depositary’s Agent nor any Transfer Agent or Registrar shall be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including but not limited to, lost profits, even if such person or entity alleged to be liable has knowledge of the possibility of such damages. Any liability of the Depositary and any Registrar or Transfer Agent under this Deposit Agreement will be limited to the amount of annual fees paid by the Company to the Depositary or any Registrar or Transfer Agent.

Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company. (a) Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.06)Neither the Depositary, any Depositary's Agent, any Registrar nor the Company does not assume assumes any obligation or shall be subject to any liability under this Deposit Agreement or any Receipt to holders of Receipts other than from acts or omissions arising out of conduct constituting bad faith, gross negligence or willful misconduct in the performance of such duties as are specifically set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Transfer Agent or Registrar assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts, the Company or any other person or entity other than for its bad faith, gross negligence or willful misconduct (which bad faith, gross negligence or willful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling of a court of competent jurisdiction)) in the performance of such duties as are specifically set forth in this Deposit Agreement. Notwithstanding anything to the contrary contained herein, neither Any liability of the Depositary, nor any Depositary’s 's Agent nor and any Transfer Agent or Registrar shall be limited to the amount of fees paid by the Company, hereunder, and in no event shall the Depositary, any Depositary's Agent and any Registrar be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, loss or damage of any kind whatsoever ( including but not limited to, to lost profits, ) even if such person or entity alleged to be liable has knowledge entities have been advised of the possibility likelihood of such damages. Any liability damages and regardless of the Depositary and any Registrar or Transfer Agent under this Deposit Agreement will be limited to the amount form of annual fees paid by the Company to the Depositary or any Registrar or Transfer Agentaction.

Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company. (a) Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.06), Neither the Depositary nor any Depositary’s Agent nor the Registrar nor the Company does not assume assumes any obligation or shall be subject to any liability under this the Deposit Agreement or any this Depositary Receipt to holders of Receipts the holder hereof, other than from acts or omissions arising out of conduct constituting bad faithfor its gross negligence, gross negligence or willful misconduct or bad faith in the performance of such duties as are specifically set forth in this the Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Transfer Agent or the Registrar assumes nor the Company shall be under any obligation to appear in, prosecute or shall defend any action, suit or other proceeding in respect of the Stock, Depositary Shares or Depositary Receipts which in its reasonable opinion may involve it in expense or liability, unless indemnity reasonably satisfactory to it against expense and liability be subject to any liability under this Deposit Agreement to holders of Receipts, furnished as often as may be reasonably required. Neither the Company or any other person or entity other than for its bad faith, gross negligence or willful misconduct (which bad faith, gross negligence or willful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling of a court of competent jurisdiction). Notwithstanding anything to the contrary contained herein, neither the Depositary, Depositary nor any Depositary’s Agent nor any Transfer Agent or the Registrar nor the Company shall be liable for any specialaction or any failure to act by it in reliance upon the written advice of legal counsel or accountants, indirect, incidental, consequential, punitive or exemplary damages, including but not limited to, lost profits, even if such information from any holder of Depositary Shares or any other person or entity alleged believed by it in good faith to be liable has knowledge of competent to give such information. The Depositary, any Depositary’s Agent, the possibility of such damages. Any liability of Registrar and the Depositary Company may each rely and shall be protected in acting upon any Registrar written notice, request, direction or Transfer Agent under this Deposit Agreement will other document reasonably believed by it to be limited genuine and to the amount of annual fees paid have been signed or presented by the Company to the Depositary proper party or any Registrar or Transfer Agentparties.

Obligations of the Depositary, the Depositary’s Agents, the Registrar and the Company. (a) Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.06), the Company does not assume any obligation or shall be subject to any liability under this Deposit Agreement or any Receipt to holders of Receipts other than from acts or omissions arising out of conduct constituting bad faith, gross negligence or willful misconduct in the performance of such duties as are specifically set forth in this Deposit Agreement. Neither Each of the Depositary, any Depositary’s Agent, Transfer Agent and Registrar shall at all times act in good faith and shall use its best efforts within reasonable time limits to insure the accuracy of all services performed pursuant to the Deposit Agreement. Except as otherwise provided by this Deposit Agreement (including without limitation Section 5.06), neither the Depositary nor any Depositary’s Agent nor any Transfer Agent or Registrar assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts, the Company or any other person or entity other than for its bad faith, gross negligence or willful misconduct (which bad faith, gross negligence or willful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling in the performance of a court of competent jurisdiction)such duties as are specifically set forth in this Deposit Agreement. Notwithstanding anything to the contrary contained herein, neither the Company, the Depositary, nor any Depositary’s Agent nor any Agent, Transfer Agent or Registrar shall be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including but not limited to, lost profits, even if such person or entity alleged to be liable has knowledge of the possibility of such damages. Any liability of the Depositary and any Registrar or Transfer Agent under this Deposit Agreement will be limited to the amount of annual fees paid by the Company to the Depositary or any Registrar or Transfer Agent.