Common use of Obligations of the Depositary Clause in Contracts

Obligations of the Depositary. the Depositary's Agents, the Registrar and the Company. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts other than for its negligence or willful misconduct. Under no circumstances shall the Depositary or its affiliates or agents be liable for any special, punitive, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if they have been advised of the possibility of such loss or damage. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of the Stock, the Depositary Shares or the Receipts which in its opinion may involve it in expense or liability unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be liable for any action or any failure to act by it in reliance upon the written advice of legal counsel or accountants, or information from any person presenting Stock for deposit, any holder of a Receipt or any other person believed by it in good faith to be competent to give such

Obligations of the Depositary. the Depositary's Agents, the Registrar Agents and the Company. . (a) Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company assumes any obligation obligations or shall be subject to any liability under this Deposit Agreement to holders of Receipts other than for that each of them agrees to use its negligence or willful misconduct. Under no circumstances shall best judgment and good faith in the Depositary or its affiliates or agents be liable for any special, punitive, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if they have been advised of the possibility performance of such loss or damage. duties as are specifically set forth in this Deposit Agreement. (b) Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in with respect of the to Preferred Stock, the Depositary Shares or the Receipts Receipts, which in its opinion may involve it in expense or liability liability, unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. . (c) Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be liable for any action or any failure to act by it in reliance upon the written advice of legal counsel or accountants, or information from legal counsel, accountants, any person Person presenting Preferred Stock for deposit, any holder of a Receipt or any other person Person believed by it in good faith to be competent to give suchsuch advice or information. The Depositary, any Depositary's Agent and the Company may each rely and shall each be protected in acting upon any written notice, request, direction or other document believed by it to be genuine and to have been signed or presented by the proper party or parties. (d) The Depositary and the Depositary's Agents may own and deal in any class of securities of the Company and its affiliates and in Receipts. The Depositary may also act as transfer agent or registrar of any of the securities of the Company and its affiliates.

Obligations of the Depositary. the Depositary's ’s Agents, the Registrar and the Company. Neither the Depositary nor its affiliates nor any Depositary's ’s Agent nor any the Registrar nor any Transfer Agent nor the Company assumes any obligation or shall be subject to any liability under this the Deposit Agreement or this Depositary Receipt to holders of Receipts the holder hereof, other than for its negligence gross negligence, willful misconduct or willful misconduct. Under no circumstances shall bad faith in the Depositary or its affiliates or agents be liable for any special, punitive, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if they have been advised of the possibility performance of such loss or damageduties as are specifically set forth in the Deposit Agreement. Neither the Depositary nor its affiliates nor any Depositary's ’s Agent nor any the Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of the Stock, the Depositary Shares or the Depositary Receipts which in its reasonable opinion may involve it in expense or liability liability, unless indemnity reasonably satisfactory to it against all expense and liability be furnished as often as may be reasonably required. Neither the Depositary nor its affiliates nor any Depositary's ’s Agent nor any the Registrar nor any Transfer Agent nor the Company shall be liable for any action or any failure to act by it in reliance upon the written advice of legal counsel or accountants, or information from any person presenting Stock for deposit, any holder of a Receipt Depositary Shares or any other person believed by it in good faith to be competent to give suchsuch information. The Depositary, any Depositary’s Agent, the Registrar and the Company may each rely and shall be protected in acting upon any written notice, request, direction or other document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties.

Obligations of the Depositary. Hitachi, the Custodian and the Depositary's Agents, the Registrar and the CompanyAgent. Neither the Depositary Depositary, nor its affiliates Hitachi nor the Custodian nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts other than for that each of them agrees to use its negligence or willful misconduct. Under no circumstances shall best judgment and good faith in the Depositary or its affiliates or agents be liable for any special, punitive, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if they have been advised of the possibility performance of such loss or damageduties as are specifically set forth in this Deposit Agreement. Neither the Depositary nor its affiliates Hitachi nor the Custodian nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of the Stock, the Depositary Shares any Deposited Securities or in respect of the Receipts which in its opinion may involve it in expense or liability unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. Neither the Depositary nor its affiliates Hitachi nor the Custodian nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be liable for any action or any failure to act non-action by it in reliance upon the written advice of legal counsel or accountants, or information from legal counsel, accountants, any person presenting Stock for deposit, any holder of a Receipt Receipt, or any other person believed by it in good faith to be competent to give suchsuch advice or information, or for any translation of any notice, report or other document made by a translator believed by it to be competent. The Depositary or Hitachi or the Custodian or any Depositary's Agent may rely and shall be protected in acting upon any written notice, request, direction or other document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Depositary, any Depositary's Agent, any Registrar and the Custodian may own and deal in any class of securities of Hitachi and its affiliates and in Receipts. No disclaimer of liability under the Securities Act of 1933 is intended by any provision of this Deposit Agreement.

Obligations of the Depositary. the Depositary's Agents, the Registrar and the Company. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts other than for its negligence or willful misconduct. Under no circumstances shall the Depositary or its affiliates or agents be liable for any special, punitive, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if they have been advised of the possibility of such loss or damage. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of the Stock, the Depositary Shares or the Receipts which in its opinion may involve it in expense or liability unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be liable for any action or any failure to act by it in reliance upon the written advice of legal counsel or accountants, or information from any person presenting Stock for deposit, any holder of a Receipt or any other person believed by it in good faith to be competent to give such information. The Depositary, any Depositary's Agent, any Registrar and the Company may each rely and shall each be protected in acting upon any written notice, request, direction or other document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Depositary shall not be responsible for any failure to carry out any instruction to vote any of the shares of Stock or for the manner or effect of any such vote made, as long as any such action or non-action is in good faith. The Depositary undertakes, and any Registrar shall be required to undertake, to perform such duties and only such

Obligations of the Depositary. the Depositary's AgentsTHE DEPOSITARY'S AGENTS, the Registrar and the CompanyANY REGISTRAR AND THE COMPANY. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company assumes any obligation or shall be subject to any liability under this Deposit Agreement to holders of Receipts Depositary Shares other than for its such person's own [negligence, as to the Depositary], gross negligence or willful misconduct. Under no circumstances shall the Depositary or its affiliates or agents be liable for any special, punitive, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if they have been advised of the possibility of such loss or damage. [Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of the Stock, the Depositary Shares or the Receipts which that in its opinion may involve it in expense or liability unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. .] Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be liable for any action or any failure to act by it in reliance upon the written advice of legal counsel or accountants, or information from any person presenting Stock for deposit, any holder of a Receipt Depositary Share or any other person reasonably believed by it in good faith to be competent to give suchsuch information. The Depositary, any Depositary's Agent, any Registrar and the Company may each rely and shall each be protected in acting upon any written notice, request, direction or other document believed by it to be genuine and to have been signed or presented by the proper party or parties.

Obligations of the Depositary. the Depositary's Agents, the Registrar Agents and the Company. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company assumes any obligation or shall be subject to any liability under this Deposit Agreement or any Receipt to holders of Receipts other than for its negligence or willful misconduct. Under no circumstances shall that each of them agrees to use good faith in the Depositary or its affiliates or agents be liable for any special, punitive, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if they have been advised of the possibility performance of such loss or damageduties as are specifically set forth in this Deposit Agreement. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in with respect of the to Preferred Stock, the Depositary Shares or the Receipts which that in its opinion may involve it in expense or liability liability, unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. Neither the Depositary nor its affiliates nor any Depositary's Agent nor any Registrar nor any Transfer Agent nor the Company shall be liable for any action or any failure to act by it in reliance upon the written advice of legal counsel or accountants, or information from legal counsel, accountants, any person presenting Preferred Stock for deposit, any holder of a Receipt or any other person believed by it in good faith to be competent to give suchsuch advice or information. The Depositary, any Depositary's Agent and the Company may each rely and shall each be protected in acting upon any written notice, request, direction or other document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Depositary, its parent, affiliate, or subsidiaries and any Depositary's Agent may own, buy, sell or deal in any class of securities of the Company and its affiliates and in Receipts or Depositary Shares or become pecuniarily interested in any transaction in which the Company or its affiliates may be interested or contract with or lend money to or otherwise act as fully or as freely as if it were not the Depositary or the