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

Prevention of or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary’s Agent nor any Registrar nor the Company shall incur any liability to any Holder of 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 Depositary’s Agent or the Registrar, by reason of any provision, present or future, of the Company’s memorandum of association, the Certificate of Designations or bye-laws or by reason of any act of God, terrorist acts, pandemics, epidemics, war, or other circumstance beyond the control of the relevant party, the Depositary, the Depositary’s Agent, the Registrar or the Company shall be prevented or forbidden from, or subjected to any penalty on account of, doing or performing any act or thing which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary’s Agent, any Registrar or the Company incur liability to any Holder of a Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing which the terms of this 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 Deposit Agreement except as otherwise explicitly set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Registrar shall incur any liability to the Company or any other person or entity for any nonperformance or delay resulting from any of the matters set forth in the preceding sentence.

Prevention of or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary’s Agent nor any Registrar nor the Company shall incur any liability to any Holder holder of any 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 Depositary’s Agent or the Registrar, by reason of any provision, present or future, of the Company’s memorandum of association, the Certificate of Designations or bye-laws Incorporation, as amended (including the Amendment), or by reason of any act of God, terrorist acts, pandemics, epidemics, God or war, or other circumstance beyond the control of the relevant party, the Depositary, the Depositary’s Agent, the Registrar or the Company shall be prevented or forbidden from, or subjected to any penalty on account of, from doing or performing any act or thing which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary’s Agent, any Registrar or the Company incur any liability or be subject to any Holder of a Receipt obligation (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing which the terms of this 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 Deposit Agreement Agreement, except as otherwise explicitly set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Registrar shall incur any liability to the Company or any other person or entity for any nonperformance or delay resulting from any event of the matters set forth in gross negligence or willful misconduct of the preceding sentenceparty charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary’s Agent nor any Registrar nor the Company shall incur any liability to any Holder holder of any 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 Depositary’s Agent or the Registrar, by reason of any provision, present or future, of the Company’s memorandum of association, Charter (including the Certificate of Designations or bye-laws Articles Supplementary) or by reason of any act of God, terrorist acts, pandemics, epidemics, war, God or war or other circumstance beyond the control of the relevant party, the Depositary, the Depositary’s Agent, the Registrar or the Company shall be prevented or forbidden from, or subjected subject to any penalty on account of, doing or performing any act or thing which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary’s Agent, any Registrar or the Company incur any liability to any Holder holder of a Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing which the terms of this 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 Deposit Agreement except except, in case of any such exercise or failure to exercise discretion not caused as otherwise explicitly set forth in this Deposit Agreement. Neither aforesaid, if caused by the Depositary nor any Depositary’s Agent nor any Registrar shall incur any liability to the Company negligence or any other person or entity for any nonperformance or delay resulting from any willful misconduct of the matters set forth in the preceding sentenceparty charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary’s 's Agent nor any the Registrar nor the Company shall incur any liability to any Holder holder of any 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 Depositary’s 's Agent or the Registrar, by reason of any provision, present or future, of the Company’s memorandum of association, the 's Certificate of Designations or bye-laws Incorporation or by reason of any act of God, terrorist acts, pandemics, epidemics, war, God or war or other circumstance beyond the reasonable control of the relevant party, the Depositary, the Depositary’s 's Agent, the Registrar or the Company shall be prevented prevented, delayed or forbidden from, or subjected to any penalty on account of, doing or performing any act or thing which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary’s 's Agent, any the Registrar or the Company incur liability to any Holder holder of a Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing which the terms of this 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 Deposit Agreement except except, in the case of any such exercise or failure to exercise discretion not caused as otherwise explicitly set forth in this Deposit Agreement. Neither aforesaid, if caused by the Depositary nor any Depositary’s Agent nor any Registrar shall incur any liability to the Company gross negligence or any other person or entity for any nonperformance or delay resulting from any willful misconduct of the matters set forth in the preceding sentenceparty charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary’s 's Agent nor any Registrar nor the Company shall incur any liability to any Holder holder of any 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 Depositary’s 's Agent or the Registrar, by reason of any provision, present or future, of the Company’s memorandum 's Articles of associationIncorporation, as amended (including the Certificate of Designations or bye-laws Amendment), or by reason of any act of God, terrorist acts, pandemics, epidemics, God or war, or other circumstance beyond the control of the relevant party, the Depositary, the Depositary’s 's Agent, the Registrar or the Company shall be prevented or forbidden from, or subjected to any penalty on account of, from doing or performing any act or thing which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary’s 's Agent, any Registrar or the Company incur any liability or be subject to any Holder of a Receipt obligation (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing which the terms of this 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 Deposit Agreement Agreement, except as otherwise explicitly set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Registrar shall incur any liability to the Company or any other person or entity for any nonperformance or delay resulting from any event of the matters set forth in gross negligence or willful misconduct of the preceding sentenceparty charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary’s 's Agent nor any Registrar nor the Company shall incur any liability to any Holder holder of any 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 Depositary’s 's Agent or the Registrar, by reason of any provision, present or future, of the Company’s memorandum of association, the 's Restated Certificate of Designations or bye-laws Incorporation, as amended (including the Amendment), or by reason of any act of God, terrorist acts, pandemics, epidemics, God or war, or other circumstance beyond the control of the relevant party, the Depositary, the Depositary’s 's Agent, the Registrar or the Company shall be prevented or forbidden from, or subjected to any penalty on account of, from doing or performing any act or thing which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary’s 's Agent, any Registrar or the Company incur any liability or be subject to any Holder of a Receipt obligation (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing which the terms of this 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 Deposit Agreement Agreement, except as otherwise explicitly set forth in this Deposit Agreement. Neither the Depositary nor any Depositary’s Agent nor any Registrar shall incur any liability to the Company or any other person or entity for any nonperformance or delay resulting from any event of the matters set forth in gross negligence or willful misconduct of the preceding sentenceparty charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary, the Depositary’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary’s Agent nor any Registrar nor the Company shall incur any liability to any Holder holder of any 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 Depositary’s Agent or the Registrar, by reason of any provision, present or future, of the Company’s memorandum of association, the Certificate of Designations Incorporation or bye-laws Certificate of Designation or by reason of any act of God, terrorist acts, pandemics, epidemics, war, God or war or other circumstance beyond the control of the relevant party, the Depositary, the Depositary’s Agent, the Registrar or the Company shall be prevented prevented, delayed or forbidden from, or subjected to any penalty on account of, from doing or performing any act or thing which the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary’s Agent, any Registrar or the Company incur any liability or be subject to any Holder of a Receipt obligation (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing which the terms of this 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 Deposit Agreement except except, in case of any such exercise or failure to exercise discretion not caused as otherwise explicitly set forth in this Deposit Agreement. Neither aforesaid, if caused by the Depositary nor any Depositary’s Agent nor any Registrar shall incur any liability to the Company negligence, fraud, dishonesty, or any other person or entity for any nonperformance or delay resulting from any willful misconduct of the matters set forth in the preceding sentenceparty charged with such exercise or failure to exercise.