Common use of Prevention or Delay in Performance Clause in Contracts

Prevention or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, any Depositary's Agent, 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 Articles of Incorporation or the Designating Amendment or, in the case of the Company, the Depositary, the Depositary's Agent or the Registrar, 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 doing or performing any act or thing 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 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, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the DepositaryDepositary or its agents, any Depositary's Agent, any Registrar nor the Company Bank or its agents shall incur any liability to any holder of any Receiptif, if by reason of any provision of any present or future law law, act of God, war or regulation thereunder of the United States of America or of any other governmental authority circumstances beyond its control or, in the case of the DepositaryDepositary and its agents, the Depositary's Agent or the Registrar, by reason of any provision, present or future, provision of the Articles of Incorporation Bank's By-laws or the Designating Amendment or, in the case of the Companysecurities deposited pursuant to the Deposit Agreement, the Depositary, the Depositary's Agent or the Registrar, by reason of any act of God or war or other circumstance beyond the control of the relevant partyits agents, the Depositary, the Depositary's Agent, the Registrar Bank or the Company its agents shall be prevented or forbidden from from, or subjected to any civil or criminal penalty on account of, or delayed in, doing or performing any act or thing that which by the terms of this Deposit Agreement provide Agreement, the Bank's By-laws or the Deposited Securities it is provided shall be done or performed, or the Depositary or the Bank shall be obliged to do or perform any act or thing which is inconsistent with the provisions of this Deposit Agreement; nor shall the Depositary, any Depositary's Agent, any Registrar Depositary or its agents or the Company Bank or its agents incur any liability to any holder of a Receipt Holder or other person 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 DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, THE REGISTRAR OR THE COMPANYthe Registrar, the Transfer Agent or the Company. Neither None of the Depositary, any Depositary's ’s Agent, any the Registrar nor or the Transfer Agent or 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 any Depositary's ’s Agent or the RegistrarRegistrar or the Transfer Agent, by reason of any provision, present or future, of the Articles of Incorporation or the Designating Amendment Charter or, in the case of the Company, the Depositary, the any Depositary's ’s Agent or the RegistrarRegistrar or the Transfer Agent, by reason of any act of God God, fire, war, terrorism, flood, strike, civil or war military disorder, work stoppage, accident, electrical outage, equipment or transmission failure, failure or malfunction of any utilities, means of communications or computer (software or hardware) services or other circumstance beyond the control of the relevant party, the Depositary, the any Depositary's ’s Agent, the Registrar or the Transfer Agent 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, any Depositary's ’s Agent, any the Registrar or the Transfer Agent or the Company incur any liability or obligation or be subject 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, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the DepositaryDepositary or its agents, any Depositary's Agent, any Registrar nor the Company Issuer or its agents shall incur any liability to any holder of any Receiptif, if by reason of any provision of any present or future law or regulation thereunder of the United States of America or any other country, or of any other governmental authority or by reason of any provision thereof, act of God, war or other circumstances beyond its control or, in the case of the DepositaryDepositary and its agents, the Depositary's Agent or the Registrar, by reason of any provision, present or future, provision of the Articles of Incorporation Issuer's By-laws or the Designating Amendment or, in the case of the Companysecurities deposited pursuant to the Deposit Agreement, the Depositary, the Depositary's Agent or the Registrar, by reason of any act of God or war or other circumstance beyond the control of the relevant partyits agents, the Depositary, the Depositary's Agent, the Registrar Issuer or the Company its agents shall be prevented or forbidden from from, or subjected to any civil or criminal penalty on account of, or delayed in, doing or performing any act or thing that which by the terms of this Deposit Agreement provide Agreement, the Issuer's By-laws or the Deposited Securities it is provided shall be done or performedperformed or the Depositary or the Issuer shall be obliged to do or perform any act or thing which is inconsistent with the provision of this Deposit Agreement; nor shall the Depositary, any Depositary's Agent, any Registrar Depositary or its agents nor the Company Issuer or its agents incur any liability to any holder of a Receipt Holder or other person 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, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, any Depositary's Agent, 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 Articles of Incorporation Charter or the Designating Amendment Articles Supplementary or, in the case of the Company, the Depositary, the Depositary's Agent or the Registrar, 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 doing or performing any act or thing 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 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, THE DEPOSITARY'S ’S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, Depositary nor any Depositary's Agent, any ’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 Articles Certificate of Incorporation or the Designating Amendment or, in the case applicable Certificate of the Company, the Depositary, the Depositary's Agent Designation or the Registrar, by reason of any act of God god or war or other circumstance circumstances beyond the control of the relevant party, the Depositary, the any Depositary's ’s Agent, the Registrar 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, any Depositary's ’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 that 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 AgreementAgreement except, in the case of the Depositary, any Depositary’s Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or willful misconduct.

Prevention or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANYby the Depositary or the Company. Neither the Depositary, any Depositary's Agent, any Registrar Depositary nor the Company nu.nor any of their respective directors, officers, employees, agents or affiliates 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 any other country, or of any other governmental or regulatory authority oror stock exchange, in the case of the Depositary, the Depositary's Agent or the Registrar, by reason of any provision, present or future, of the Articles of Incorporation or the Designating Amendment or, in the case Association of the Company, the Depositary, the Depositary's Agent or the Registrar, by reason of any act of God or war or other circumstance circumstances beyond the control of the relevant partyits control, the Depositary, the Depositary's Agent, the Registrar Depositary or the Company shall be prevented or forbidden from 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 shall be done or performed; nor shall the Depositary, any Depositary's Agent, any Registrar Depositary or the Company nor any of their respective directors, officers, employees, agents or affiliates incur any liability to any Owner or holder of a any Receipt 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 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 Sections 4.01, 4.02, or 4.03 of the 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 made available to Owners, and the Depositary may not dispose of such distribution or offering on behalf of such Owners and make the net proceed&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, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, Depositary nor any Depositary's Agent, any 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 Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Designating Amendment Certificate of Designations or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any act of God or war or other circumstance circumstances 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 doing or performing any act or thing that 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 that 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 AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Prevention or Delay in Performance. BY THE DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, THE REGISTRAR OR THE COMPANYthe Registrar or the Company. Neither None of the Depositary, any Depositary's ’s Agent, any Registrar Registrar, any Transfer Agent, or the Company, nor the Company any of their officers, directors, employees or agents, 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 RegistrarRegistrar or Transfer Agent, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Designating Amendment or, in the case of the Company, the Depositary, the Depositary's ’s Agent, the Transfer Agent or the Registrar, 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, any Depositary’s Agent, the Depositary's Transfer Agent, the Registrar or the Company shall be prevented or forbidden forbidden, or subjected to any penalty on account of, 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, any Depositary's ’s Agent, the Transfer Agent, any 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, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, any Depositary's Agent, any Registrar Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any holder of Holder or any Receiptother person, if if, by reason of any provision of any present or future law or regulation thereunder of the United States of America States, England and Wales or any other country, or of any other governmental authority oror regulatory authority or stock exchange, in the case of the Depositary, the Depositary's Agent or the Registrar, by reason of any provision, present or future, of the Articles of Incorporation or the Designating Amendment or, in the case Association of the CompanyCompany or governing any Deposited Securities, the Depositary, the Depositary's Agent or the Registrar, by reason of any act of God or war or other circumstance circumstances beyond the control of the relevant partyits control, the Depositary, the Depositary's Agent, the Registrar Depositary or its agents or the Company or its agents shall be prevented or forbidden from or subjected to any civil or criminal penalty or restraint on account of, or delayed in, 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, any Depositary's Agent, any Registrar Depositary or its agents or the Company or its agents incur any liability to any holder of a Receipt Holder or other person 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 or in the Articles of Association. where, by the terms of a distribution pursuant to Sections 4.02, 4.03, or 4.04 of this Deposit Agreement, or an offering or distribution pursuant to Section 4.05 or 4.09 of this Deposit Agreement, or for any other reason, such distribution or offering may not be made available to Holders, or some of them, 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 such rights, if applicable, to lapse.

Prevention or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, any Depositary's Agent, 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 Articles Declaration of Incorporation Trust or the Designating Amendment Articles Supplementary or, in the case of the Company, the Depositary, the Depositary's Agent or the 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 Agent, the Registrar 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, any Depositary's Agent, any 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, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, Depositary nor any Depositary's Agent, any 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 Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any provision, present or future, of the Articles of Incorporation or the Designating Amendment Certificate of Determination or, in the case of the Company, the Depositary, the Registrar or any Depositary's Agent or the RegistrarAgent, by reason of any act of God or war or other circumstance circumstances 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 doing or performing any act or thing that 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 (a) 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 (b) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or bad faith.

Prevention or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, Depositary nor any Depositary's Agent, any 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 Articles of Incorporation or the Designating Amendment or, in the case applicable Certificate of the Company, the Depositary, the Depositary's Agent Determination or the Registrar, by reason of any act of God god or war or other circumstance circumstances 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 doing or performing any act or thing that 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 that 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 AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or willful misconduct.

Prevention or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, THE REGISTRAR OR THE COMPANY. Neither the Depositary, Depositary nor any Depositary's Agent, any 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 Articles Certificate of Incorporation or the Designating Amendment or, in the case applicable Certificate of the Company, the Depositary, the Depositary's Agent Designation or the Registrar, by reason of any act of God god or war or other circumstance circumstances 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 doing or performing any act or thing that 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 that 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 AgreementAgreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or willful misconduct.

Prevention or Delay in Performance. BY THE DEPOSITARY, THE DEPOSITARY'S AGENTS, THE REGISTRAR AGENTS OR THE COMPANY. Neither the Depositary, the Registrar nor any Depositary's Agent, any Registrar 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, Depositary or the Depositary's Agent or the RegistrarAgent, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Designating Amendment Certificate of Designations or, in the case of the Company, the Depositary, Depositary or the Depositary's Agent or the RegistrarAgent, 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 Agent 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, any Depositary's Agent, any Registrar Agent 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 DEPOSITARYby the Depositary, THE DEPOSITARY'S AGENTSthe Depositary’s Agents, THE REGISTRAR OR THE COMPANYthe Registrar or the Company. Neither None of the Depositary, any Depositary's ’s Agent, any Registrar Registrar, any Transfer Agent, or the Company, nor the Company any of their officers, directors, employees or agents, 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 RegistrarRegistrar or Transfer Agent, by reason of any provision, present or future, of the Articles Certificate of Incorporation or the Designating Amendment or, in the case of the Company, the Depositary, the Depositary's ’s Agent, the Transfer Agent or the Registrar, by reason of any act of God or war or other circumstance beyond the control of the relevant party, the Depositary, any Depositary’s Agent, the Depositary's Transfer Agent, the Registrar 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, any Depositary's ’s Agent, the Transfer Agent, any 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.