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

Prevention or Delay in Performance by the Depositary. the Custodian or the Company. Neither the Depositary, the Custodian nor the Company shall incur any liability to any Holder or Beneficial Owner of any Receipt, if by reason of any provision of any present or future law or regulation of the United States, any state thereof, the United Kingdom or of any other country, or of any other action of any governmental or regulatory authority of the United States, the United Kingdom or any other country, or of any stock exchange, or by reason of any provision, present or future, of the Articles of Association of the Company, or by reason of any act of God or war or other circumstance beyond its control, the Depositary, the Custodian or the Company, as the case may be, shall be delayed in, prevented or forbidden from, or subjected to any civil or criminal 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, the Custodian 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. Where, by the terms of a distribution pursuant to Section 4.01, 4.02, or 4.03 of this Deposit Agreement, or an offering or distribution pursuant to Section 4.04 of this Deposit Agreement, or for any other reason, such distribution or offering may not be made available to Holders, and the Depositary may not dispose of such distribution or offering on behalf of such Holders and make the net proceeds available to such Holders, 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. the Custodian or the Company. Neither the Depositary, the Custodian nor the Company shall incur any liability to any Holder Owner or Beneficial Owner of any Receipt, if by reason of any provision of any present or future law or regulation of the United States, any state thereof, the United Kingdom South Africa or of any other country, or of any other action of any governmental or regulatory authority of the United States, the United Kingdom South Africa or any other country, or of any stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company, or by reason of any act of God or war or other circumstance beyond its control, the Depositary, the Custodian or the Company, as the case may be, shall be delayed in, prevented or forbidden from, or subjected to any civil or criminal penalty on account of 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, the Custodian or the Company Company, nor any of their respective directors, officers, employees or agents, incur any liability to any Holder Owner 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. Where, by the terms of a distribution pursuant to Section 4.01, 4.02, or 4.03 of this Deposit Agreement, or an offering or distribution pursuant to Section 4.04 of this Deposit Agreement, or for any other another reason, such distribution or offering may not be made available to HoldersOwners, and the Depositary may not dispose of such distribution or offering on behalf of such Holders Owners and make the net proceeds available to such HoldersOwners, 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. the Custodian or the Company----------------------------------------------------------- Issuer. ------- Neither the Depositary, the Custodian Depositary nor the Company Issuer nor any of their respective directors, officers, employees, agents or affiliates shall incur any liability to any Holder Owner or Beneficial Owner of any Receipt, if by reason of any provision of any present or future law or regulation of the United States, any state thereof, the United Kingdom or People's Republic of any other country, or of any other action of any governmental or regulatory authority of the United States, the United Kingdom China or any other country, or of any governmental or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the CompanyIssuer, or by reason of any provision of any securities issued or distributed by the Issuer, or any offering or distribution thereof, or by reason of any act of God or war or terrorism or other circumstance circumstances beyond its control, the Depositary, the Custodian Depositary or the Company, as the case may be, Issuer shall be prevented, delayed in, prevented or forbidden from, or subjected be subject to any civil or criminal penalty on account of of, doing or performing any act or thing which by the terms of this Deposit Agreement or the Deposited Securities it is provided shall be done or performed; nor shall the Depositary, the Custodian Depositary or the Company Issuer or any of their respective directors, officers, employees, agents or affiliates incur any liability to any Holder Owner or Beneficial Owner of a any Receipt by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which, which by the terms of this Deposit Agreement, 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. Where, by the terms of a distribution pursuant to Section 4.01Sections 4.1, 4.024.2, or 4.03 4.3 of this the Deposit Agreement, or an offering or distribution pursuant to Section 4.04 4.4 of this the Deposit Agreement, or for any other reason, such distribution or offering may not be made available to HoldersOwners, and the Depositary may not dispose of such distribution or offering on behalf of such Holders Owners and make the net proceeds available to such HoldersOwners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse, in each such case without liability to the Issuer or the Depositary.

Prevention or Delay in Performance by the Depositary. the Custodian or the Company----------------------------------------------------------- Issuer. ------- Neither the Depositary, the Custodian Depositary nor the Company Issuer 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 holder of any Receipt, if by reason of any provision of any present or future law or regulation of the United States, any state thereof, the United Kingdom or The Republic of any other country, or of any other action of any governmental or regulatory authority of the United States, the United Kingdom France or any other country, or of any governmental or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles of Association statuts of the CompanyIssuer, or the Deposited Securities or by reason of any act of God or war or other circumstance circumstances beyond its control, the Depositary, the Custodian Depositary or the CompanyIssuer nor any of their directors, employees, agents or controlling persons (as defined under the case may be, Securities Act of 1933) shall be delayed in, prevented or forbidden from, or subjected delayed in or be subject to any civil or criminal penalty on account of 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, the Custodian Depositary or the Company Issuer nor any of their directors, employees, agents or controlling persons (as defined under the Securities Act of 1933) incur any liability to any Holder Owner or Beneficial Owner of a any Receipt by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which, which by the terms of this Deposit Agreement, 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. Where, by the terms of a distribution pursuant to Section 4.01Sections 4.1, 4.024.2, or 4.03 4.3 of this the Deposit Agreement, or an offering or distribution pursuant to Section 4.04 4.4 of this the Deposit Agreement, or for any other reason, such distribution or offering may not be made available to HoldersOwners, and the Depositary may not dispose of such distribution or offering on behalf of such Holders Owners and make the net proceeds available to such HoldersOwners, 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. the Custodian or the Company. Neither the Depositary, the Custodian 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 of any Receipt, (i) if by reason of any provision of any present or future law or regulation of the United States, any state thereof, the United Kingdom or of any other country, or of any other action of any governmental or regulatory authority of the United States, the United Kingdom States or any other country, or of any governmental or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles articles of Association association or similar document of the Company, or by reason of any provision of any securities issued or distributed by the Company, or any offering or distribution thereof, or by reason of any act of God or war or terrorism or other circumstance circumstances beyond its control, the Depositary, the Custodian Depositary or the Company, as the case may be, Company shall be prevented, delayed in, prevented or forbidden from, or subjected be subject to any civil or criminal penalty on account of of, doing or performing any act or thing which by the terms of this Deposit Agreement or the Deposited Securities it is provided shall be done or performed; nor shall the Depositary, the Custodian or the Company incur any liability to any Holder or Beneficial Owner of a Receipt (ii) by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which, which by the terms of this Deposit Agreement, Agreement it is provided shall or may be done or performed, or (iii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement, (iv) for the inability of any Owner 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 Owners or Beneficial Owners, or (v) for any special, consequential or punitive damages for any breach of the terms of this Deposit Agreement. Where, by the terms of a distribution pursuant to Section 4.014.1, 4.02, 4.2 or 4.03 of this Deposit Agreement4.3, or an offering or distribution pursuant to Section 4.04 of this Deposit Agreement4.4, or for any other reason, such distribution or offering may not be made available to HoldersOwners or Beneficial Owners, and the Depositary may not dispose of such distribution or offering on behalf of such Holders Owners and Beneficial Owners and make the net proceeds available to such HoldersOwners or Beneficial Owners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.