Common use of Prevention of or Delay in Performance by the Depositary 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 the Registrar nor the Company shall incur any liability to any 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 Articles of Incorporation or by reason of any act of 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, 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 Agent, the 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, 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 of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar Registrar, the Transfer Agent or the Company. Neither the Depositary nor any Depositary's ’s Agent nor the any Registrar nor any Transfer Agent nor the Company shall incur any liability to any 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 Articles ’s Certificate of Incorporation (including the Certificate) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, the Depositary's ’s Agent, the Registrar Registrar, the Transfer Agent or the Company shall be prevented, delayed 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 ’s Agent, the Registrar any Registrar, any Transfer Agent or the Company incur any 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, bad faith or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar or the CompanyCorporation. Neither the Depositary nor any Depositary's ’s Agent nor the any Registrar nor the Company Corporation 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 Articles Corporation’s Amended and Restated Certificate of Incorporation (including the Certificate of Designations) or by reason of any act of 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 Corporation shall be prevented, delayed 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 ’s Agent, the any Registrar or the Company Corporation 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 as otherwise explicitly set forth 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 of the party charged with such exercise or failure to exercisethis Deposit Agreement.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar or 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 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 ’s Amended and Restated Articles of Incorporation or by reason of any act of 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, 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, the 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's Agents, the Registrar Registrar, the Transfer Agent or the Company. Neither the Depositary nor any Depositary's Agent nor the any Registrar nor any Transfer Agent nor the Company shall incur any liability to any 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 Articles Certificate of Incorporation (including the Certificate) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, the Depositary's Agent, the Registrar Registrar, the Transfer Agent or the Company shall be prevented, delayed 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, the Registrar any Registrar, any Transfer Agent or the Company incur any 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party 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 the any Registrar nor the Company shall incur any liability to any 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 Articles Certificate of Incorporation (including the Certificate) or by reason of any act of 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, delayed 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, the any Registrar or the Company incur any 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's AgentsTHE DEPOSITARY'S AGENTS, the Registrar or the CompanyTHE REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor the any Registrar nor the Company shall incur any liability to any 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 Articles of Incorporation Organization, as amended (including the Certificate) or by reason of any act of 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, delayed 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, the 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar Registrar, or the Company. Neither the Depositary nor any Depositary's ’s Agent nor the any Registrar nor the Company shall incur any liability to any 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 ’s Amended and Restated Articles of Incorporation or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, the Depositary's ’s Agent, the Registrar Registrar, or the Company shall be prevented, delayed 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 ’s Agent, the Registrar any Registrar, or the Company incur any 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party 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 None of the Depositary nor Depositary, ----------------------------------------------------- any Depositary's Agent nor the Registrar nor or the Company shall incur any liability to any holder Record 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 or any Depositary's Agent or the RegistrarAgent, by reason of any provision, present or future, of the Company's Articles Amended and Restated Certificate of Incorporation Incorporation, as amended (including the Certificate) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, the any Depositary's Agent, the Registrar or the Company shall be prevented, delayed 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, the Registrar Agent or the Company incur any liability to any holder Record 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, 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 of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary's ’s Agent nor the any Registrar nor the Company shall incur any liability to any 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 Articles ’s Certificate of Incorporation (including the Certificate) or by reason of any act of 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, delayed 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 ’s Agent, the any Registrar or the Company incur any 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's AgentsTHE DEPOSITARY'S AGENTS, the Registrar or the CompanyTHE REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor the any Registrar nor the Company shall incur any liability to any 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 Articles Certificate of Incorporation Incorporation, as amended (including the Amendment), or by reason of any act of God or war or other circumstance beyond the control of the relevant partywar, the Depositary, the Depositary's Agent, the Registrar or the Company shall be prevented, delayed 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, the 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 exceptAgreement, except in the case event of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar or the CompanyCorporation. Neither the Depositary nor any Depositary's ’s Agent nor the Registrar nor the Company Corporation shall incur any liability to any 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 Articles Corporation’s Certificate of Incorporation or by reason of any act of 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 Corporation is 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 to be done or performed; , nor shall the Depositary, any Depositary's ’s Agent, the Registrar or the Company Corporation 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 to 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar Registrar, or the Company. Neither the Depositary nor any Depositary's ’s Agent nor the any Registrar nor the Company shall incur any liability to any 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 ’s Restated Articles of Incorporation or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, the Depositary's ’s Agent, the Registrar Registrar, or the Company shall be prevented, delayed 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 ’s Agent, the Registrar any Registrar, or the Company incur any 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the any Registrar or the Company. Neither the Depositary nor any Depositary's ’s SC1:4183686.3 Agent nor the any Registrar nor the Company shall incur any liability to any holder of or any Receipt Depositary Share 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 any Depositary's ’s Agent or the any Registrar, by reason of any provision, present or future, of the Company's ’s Restated Charter (including the Articles Supplementary) or, in the case of Incorporation the Company, the Depositary, any Depositary’s Agent or any Registrar, by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, the any Depositary's ’s Agent, the any Registrar or the Company shall be prevented, delayed 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, the any Registrar or the Company incur any liability to any holder of a Receipt Depositary Share (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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, bad faith or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar or the Company. Neither the Depositary nor any Depositary's ’s Agent nor the 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 Articles ’s memorandum of Incorporation association, the Certificate of Designations or bye-laws or by reason of any act of God or war God, terrorist acts, pandemics, epidemics, 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, delayed 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 ’s Agent, the any 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 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 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 of the party charged with such exercise or failure to exercisepreceding sentence.

Prevention of or Delay in Performance by the Depositary. the Depositary's AgentsTHE DEPOSITARY'S AGENTS, the Registrar or the CompanyANY REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor the any Registrar nor the Company shall incur any liability to any holder of any Receipt Depositary Share 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 any Depositary's Agent or the any Registrar, by reason of any provision, present or future, of the Company's Amended and Restated Declaration of Trust (including the Articles of Incorporation Supplementary) or by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, the any Depositary's Agent, the any Registrar or the Company shall be prevented, delayed 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, the any Registrar or the Company incur any liability to any holder of a Receipt Depositary Share (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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance by the Depositary. the Depositary's ’s Agents, the Registrar or the CompanyTransfer Agent. Neither None of the Depositary nor Depositary, any Depositary's ’s Agent, any Registrar and any Transfer Agent nor the Registrar nor the Company shall incur any liability to the Corporation or to any holder Record Holder of any a 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 Articles Certificate of Incorporation or by reason of any act of God or war or pandemics or epidemics or other circumstance beyond the control of the relevant party, the Depositary, the any such Depositary's ’s Agent, the any such Registrar or the Company any such Transfer Agent shall be 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 . Nor shall the Depositary, any Depositary's ’s Agent, the any Registrar or the Company nor any Transfer Agent incur liability to the Corporation or to any holder Record Holder of a Receipt (ia) 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, performed or (iib) by reason of any exercise of, or failure to exercise, any discretion provided for in this 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 of the party charged with such exercise or failure to exercise, or as otherwise explicitly set forth in this Agreement.

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 the Registrar nor the Company shall incur any liability to any 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 Articles of Incorporation or by reason of any act of 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, 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 Agent, the 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, in the case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence, negligence or willful misconduct or bad faith of the party charged with such exercise or failure to exercise.