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 or Beneficial Owner if, by reason of any provision of any present or future law of the United States, Korea or any other country or jurisdiction, or of any other governmental authority, or by reason of any provision, present or future, of the Articles of Incorporation of the Company, or by reason of any act of God, terrorism or war or other circumstances beyond its control, the Depositary or the Company shall be prevented, delayed or forbidden from, or subject to any civil or criminal liability on account of, doing or performing any act or thing which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary or the Company incur any liability to any Holder or Beneficial Owner by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement 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. Neither the Depositary nor the Company shall be obligated to do or perform any act which is inconsistent with the provisions of this Deposit Agreement or incur any liability for the inability by a Holder or Beneficial Owner to benefit from any distribution, offering, right or other benefit which is made available to holders of Deposited Securities but is not, under the terms of this Deposit Agreement, made available to Holders of ADSs.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Holder Owner or Beneficial Owner ifof any Receipt, if by reason of any provision of any present or future law or regulation of the United States, Korea Sweden or any other country or jurisdictioncountry, or of any other governmental authorityor regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles of Incorporation Association of the Company, or by reason of any act of God, terrorism God or war or other circumstances beyond its control, the Depositary or the Company shall be prevented, delayed prevented or forbidden from, or be subject to any civil or criminal liability penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary or the Company or any of their respective directors, employees, agents or affiliates incur any liability to any Holder Owner or Beneficial Owner of any Receipt by reason of any non-performance nonperformance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement 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. Neither Where, by the Depositary nor terms of a distribution pursuant to Section 4.01, 4.02, or 4.03 of the Company shall Deposit Agreement, or an offering or distribution pursuant to Section 4.04 of the Deposit Agreement, or for any other reason, such distribution or offering may not be obligated to do or perform any act which is inconsistent with the provisions of this Deposit Agreement or incur any liability for the inability by a Holder or Beneficial Owner to benefit from any distribution, offering, right or other benefit which is made available to holders Owners, and the Depositary may not dispose of Deposited Securities but is not, under such distribution or offering on behalf of such Owners and make the terms of this Deposit Agreement, made net proceeds available to Holders of ADSssuch Owners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Holder Owner or Beneficial Owner ifof any ADS, if by reason of any provision of any present or future law or regulation of the United States, Korea States or any other country or jurisdictioncountry, or of any other governmental authorityor regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles of Incorporation Association of the Company, or by reason of any act of God, terrorism God or war or other circumstances beyond its control, the Depositary or the Company shall be prevented, delayed prevented or forbidden from, or be subject to any civil or criminal liability penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary or the Company nor any of their respective directors, employees, agents or affiliates incur any liability to any Holder Owner or Beneficial Owner of any ADS by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement 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. Neither the Depositary nor the Company shall be obligated to do or perform any act which is inconsistent with the provisions of this Deposit Agreement or incur any liability for the inability Where, by a Holder or Beneficial Owner to benefit from any distribution, offering, right or other benefit which is made available to holders of Deposited Securities but is not, under the terms of this a distribution pursuant to Sections 4.1, 4.2, or 4.3 of the Deposit Agreement, made or an offering or distribution pursuant to Section 4.4 of the Deposit Agreement, or for any other reason, the Depositary is prevented or prohibited from making such distribution or offering available to Holders Owners, or the Depositary is prevented or prohibited from disposing of ADSssuch distribution or offering on behalf of such Owners and making the net proceeds available to such Owners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary nor the Company nor any of their directors, employees, agents or controlling persons (as defined under the Securities Act of 1933) shall incur any liability to any Holder Owner or Beneficial Owner ifHolder, if by reason of any provision of any present or future law of the United States, Korea The Republic of France or any other country or jurisdictioncountry, or of any other governmental authorityor regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles of Incorporation statuts of the CompanyCompany or the Deposited Securities, or by reason of any act of God, terrorism God or war or other circumstances beyond its their control, the Depositary or the Company shall be prevented, delayed prevented or forbidden from, or be subject to any civil or criminal liability penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary or the Company incur any liability to any Owner or Holder or Beneficial Owner by reason of any non-performance nonperformance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement 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. Neither the Depositary nor the Company shall be obligated to do or perform any act which is inconsistent with the provisions of this Deposit Agreement or incur any liability for the inability statuts of the Company. Where, by a Holder or Beneficial Owner to benefit from any distribution, offering, right or other benefit which is made available to holders of Deposited Securities but is not, under the terms of a distribution pursuant to Sections 4.1, 4.2 or 4.3 of this Deposit Agreement, made or an offering or distribution pursuant to Section 4.4 of this Deposit Agreement, or for any other reason, the Depositary is prevented or prohibited from making such distribution or offering available to Holders Owners, and the Depositary is prevented or prohibited from disposing of ADSssuch distribution or offering on behalf of such Owners and making the net proceeds available to such Owners, then the Depositary, after consultation with the Company, shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Holder Owner or Beneficial Owner ifof any Receipt, if by reason of any provision of any present or future law or regu­lation of the United States, Korea States or any other country or jurisdictioncountry, or of any other governmental authorityor regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles of Incorporation Association of the Company, or by reason of any act of God, terrorism God or war or other circumstances beyond its control, the Depositary or the Company shall be prevented, delayed prevented or forbidden from, or subject be sub­ject to any civil or criminal liability penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary or the Company nor any of their respective directors, employees, agents or affiliates incur any liability to any Holder Owner or Beneficial Owner of any Receipt by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement it is provided 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 AgreementAgree­ment. Neither the Depositary nor the Company shall be obligated to do or perform any act which is inconsistent with the provisions of this Deposit Agreement or incur any liability for the inability Where, by a Holder or Beneficial Owner to benefit from any distribution, offering, right or other benefit which is made available to holders of Deposited Securities but is not, under the terms of this a dis­tribution pursuant to Sec­tions 4.1, 4.2, or 4.3 of the Deposit Agreement, made or an of­fering or distribution pursuant to Section 4.4 of the Deposit Agreement, or for any other reason, the Depositary is prevented or prohibited from making such distribution or of­fering available to Holders Owners, or the Depositary is prevented or prohibited from disposing of ADSssuch distribution or offering on behalf of such Owners and making the net proceeds available to such Owners, then the Depositary shall not make such distribu­tion or offering, and shall allow any rights, if applicable, to lapse.

Prevention or Delay in Performance by the Depositary or the Company. Neither the Depositary Depositary, its agents nor the Company shall incur any liability to any Holder person, including any Owner or Beneficial Owner beneficial owner of an interest in American Depositary Shares, if, by reason of any provision of any present or future law law, rule, regulation, fiat, order or decree of the United States, Korea the United Kingdom or any other country or jurisdictioncountry, or of any other governmental authorityor regulatory authority or any securities exchange or market or automated quotation system, or by reason of any provision, present or future, of the Memorandum and Articles of Incorporation Association of the Company, or of or governing the Deposited Securities, or by reason of any act of God, war, terrorism or war or other circumstances circumstance beyond its controlcontrol the Depositary, the Depositary its agents or the Company shall be prevented, delayed or forbidden fromfrom doing or performing, or subject subjected to any civil or criminal liability on account ofpenalty in connection with, doing or performing any act or thing which by the terms of this Deposit Agreement 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 Depositary, its agents or the Company incur any liability to any Holder or Beneficial Owner of a Receipt by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement 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. Neither Agreement nor, in any case, shall the Depositary nor Depositary, its agents or the Company shall be obligated to do or perform any act which is inconsistent with the provisions of this Deposit Agreement or incur any liability for the inability by a Holder to any Owner or Beneficial Owner to benefit from any distribution, offering, right beneficial owner of an interest in American Depositary Shares or other benefit which is made available to holders person by reason of Deposited Securities but is not, under the terms of this Deposit Agreement, made available to Holders of ADSsany nonperformance or delay.