Common use of Prevention of or Delay in Performance 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 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 (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 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 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 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 case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the negligence or willful misconduct 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 ANY 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 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 Articles or 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 any Depositary's Agent, the any 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 that 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 of a Receipt Depositary Share (i) by reason of any nonperformance or delay, caused as aforesaidwhich is the result of any of the foregoing, in the performance of any act or thing which that the terms of this Deposit Agreement provide shall or may be done or performed, 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 aforesaid, if caused by the [negligence, as to the Depositary], gross negligence or willful misconduct of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, THE REGISTRAR OR THE COMPANYthe Registrar or the Corporation. Neither the Depositary nor any Depositary's ’s Agent nor any Registrar nor any Transfer Agent nor the Company Corporation shall incur any liability to any holder Holder of a Receipt or any Receipt beneficial owner thereof 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 RegistrarRegistrar or any Transfer Agent, by reason of any provision, present or future, of the Company's Articles Corporation’s Amended and Restated Certificate of Incorporation Incorporation, as amended (including the Certificate) Certificate of Designations), or by reason of any act of God or war war, epidemic or pandemic or other circumstance beyond the control of the relevant party, the Depositary, the Depositary's ’s Agent, the Registrar Registrar, any Transfer Agent, or the Company Corporation 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 ’s Agent, any Registrar Registrar, any Transfer Agent, or the Company Corporation incur any liability to any holder Holder of a Receipt or any beneficial owner thereof (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 exceptexcept in the event of the bad faith, in case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence or willful misconduct (each as determined by a final non-appealable judgment, order, decree or ruling of a court of competent jurisdiction) 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 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 Restated Articles of Incorporation (including the CertificateArticles of Amendment) 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 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 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 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 case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the gross negligence or willful misconduct 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 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 Restated Articles 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 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 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 negligence or 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 AGENTS, THE REGISTRAR OR THE COMPANY. Neither None of the Depositary nor Depositary, any Depositary's Agent nor any 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 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 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 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 negligence or 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 DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, THE REGISTRAR OR THE COMPANYthe Registrar or the Corporation. Neither the Depositary nor any Depositary's ’s Agent nor 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 Restated 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 Corporation 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 ’s Agent, any Registrar or the Company Corporation 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 as otherwise explicitly set forth in case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the negligence or willful misconduct of the party charged with such exercise or failure to exercisethis Deposit Agreement.

Prevention of or Delay in Performance. BY THE DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, THE REGISTRAR OR THE COMPANYthe Registrar or the Bank. Neither the Depositary nor any Depositary's ’s Agent nor any Registrar nor the Company Bank 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 of Incorporation Bank’s charter (including i.e., the CertificateBank Act (Canada)) or the Provisions 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 Bank 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; performed; nor shall the Depositary, any Depositary's ’s Agent, any Registrar or the Company Bank 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 as otherwise explicitly set forth in case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the negligence or willful misconduct 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 AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary nor any Depositary's Agent nor any 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 Certificate of Incorporation (including the Certificate) 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 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 Agent, any the 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 or willful misconduct of the party charged with such exercise or failure to exercise.

Prevention of or Delay in Performance. BY THE DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, THE REGISTRAR OR THE COMPANYthe Registrar or the Transfer Agent. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, any Registrar nor the Company and any Transfer Agent shall incur any liability 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 (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 such Depositary's ’s Agent, the any such Registrar or the Company any such Transfer Agent 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 . Nor shall the Depositary, any Depositary's ’s Agent, any Registrar or the Company nor any Transfer Agent incur any liability 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 case of any such exercise or failure to exercise discretion not caused as aforesaid, if caused by the negligence or 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.