Common use of Prevention or Delay in Performance by the Depositary or the Company Clause in Contracts

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary 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 or the Registrar, by reason of any provision, present or future, of the Articles of Incorporation or the Articles of Amendment or, by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, or the Company shall be prevented or forbidden from doing or performing any act or thing that the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, the Registrar or the Company incur any liability to any holder of a Receipt by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of this Deposit Agreement provide shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary nor the Company shall incur any liability to any Owner or 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 the United Kingdom or any other country, or of any other governmental authority orauthority, in the case of the Depositary or the Registrar, by reason of any provision, present or future, of the Memorandum and Articles of Incorporation Association of the Company, or of the Articles of Amendment or, Deposited Securities or by reason of any act of God or war or other circumstance circumstances beyond the control of the relevant partyits control, the Depositary, Depositary or the Company shall be prevented or forbidden from doing or performing any act or thing that which by the terms of this Deposit Agreement provide Agreement, the Memorandum and Articles of Association of the Company or the Deposited Securities it is provided shall be done or performed; nor shall the Depositary, the Registrar Depositary or the Company incur any liability to any holder Owner of a Receipt by reason of any nonperformance non-performance or delay, caused as aforesaid, in the performance of any act or thing that which by the terms of this Deposit Agreement provide it is provided shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary 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 or the Republic of America Ireland or any other country, or of any other governmental authority orauthority, in the case of the Depositary or the Registrar, by reason of any provision, present or future, of the Memorandum and Articles of Incorporation Association of the Company, or the Articles of Amendment or, by reason of any act of God or war or other circumstance circumstances beyond the control of the relevant partyits control, the Depositary, Depositary or the Company shall be prevented or forbidden from doing or performing any act or thing that which by the terms of this Deposit Agreement provide it is provided shall be done or performed; nor shall the Depositary, the Registrar Depositary or the Company incur any liability to any holder Holder of a Receipt by reason of any nonperformance non-performance or delay, caused as aforesaid, in the performance of any act or thing that which by the terms of this Deposit Agreement provide it is provided shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary 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 or the Registrar, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Articles Certificate of Amendment Designation or, by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, or the Company shall be prevented or forbidden from doing or performing any act or thing that the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, the Registrar or the Company incur any liability to any holder of a Receipt by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of this Deposit Agreement provide shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary nor the Company shall incur any liability to any holder Owner of any Receipt, if by reason of any provision of any present or future law or regulation thereunder of the United States States, the Commonwealth of America Australia, or any other country, or of any other regulatory body or governmental authority or, in the case of the Depositary United States, the Commonwealth of Australia or the Registrarany other country, or by reason of any provision, present or future, of the Articles Constitution of Incorporation the Company, or the Articles of Amendment or, by reason of any act of God or war or other circumstance circumstances beyond the control of the relevant partyits control, the Depositary, Depositary or the Company shall be prevented or forbidden from doing or performing any act or thing that which by the terms of this Deposit Agreement provide it is provided shall be done or performed; nor shall the Depositary, the Registrar Depositary or the Company incur any liability to any holder Owner of a Receipt by reason of any nonperformance non-performance or delay, caused as aforesaid, in the performance of any act or thing that which by the terms of this Deposit Agreement provide it is provided shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary nor the Company Company, nor any of their respective directors, employees, agents or affiliates, shall incur any liability to any holder of any ReceiptOwner if, if by reason of any provision of any present or future law or regulation thereunder of the United States of America States, Italy or any other country, or of any other governmental or regulatory authority oror stock exchange, in the case of the Depositary or the Registrar, by reason of any provision, present or future, of the Articles of Incorporation By-laws or the Articles of Amendment or, by reason of any act of God or war or other circumstance beyond the control of the relevant partyits control, the Depositary, Depositary or the Company or any of their respective directors, employees, agents or affiliates shall be prevented or forbidden from or be subject to any civil or criminal penalty on account of doing or performing any act or thing that which by the terms of this Deposit Agreement provide it is provided or contemplated shall be done or performed; nor shall the Depositary, the Registrar Depositary or the Company or any of their respective directors, employees, agents or affiliates incur any liability to any holder of a Receipt Owner by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that which by the terms of this Deposit Agreement provide it is provided or contemplated shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit AgreementAgreement or the By-laws.