Common use of Prevention or Delay in Performance Clause in Contracts

Prevention or Delay in Performance. Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder or Beneficial Owner or any other person, if, by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited Securities, or by reason of any act of God or war or other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure), the Depositary, its controlling persons 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 which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary, its controlling persons or its agents or the Company, its controlling person or its agents incur any liability to any Holder or other person by reason of any non-performance or delay, caused as aforesaid, in 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited Securities. Where, by the terms of a distribution pursuant to Sections 4.02, 4.03, 4.04, or 4.05 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06, 4.10 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association of the Company, 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. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. Neither The Depositary, the Depositary nor the Company nor any Company, their agents and each of their respective controlling persons, directors, employees, agents or affiliates shall them shall: (a) incur any no liability to any Holder or Beneficial Owner or any other person, if, by reason of any provision of (i) if any present or future law law, rule, regulation, fiat, order or regulation decree of the United States, Jersey, The United Kingdom Chile or any other country, or of any other governmental authority or regulatory authority (including any action by the Central Bank) or stock exchangeany securities exchange or market or automated quotation system, or by reason the provisions of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited Securities, any present or by reason future provision of the Company's charter, any act of God or war God, war, terrorism or other circumstances circumstance beyond its control shall prevent or delay, or shall cause any of them to be subject to any civil or criminal penalty in connection with, any act which this Deposit Agreement or the Receipt provides shall be done or performed by it or them (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failurevoting pursuant to Section 4.07 hereof), the Depositary, its controlling persons 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 which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary, its controlling persons or its agents or the Company, its controlling person or its agents incur any liability to any Holder or other person by reason of any non-performance or delay, caused as aforesaid, in 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 (ii) by reason of any exercise of, or failure to exercise, exercise any discretion provided for given it in this Deposit Agreement or in the Memorandum and Articles of Association of the Company Receipt (including, without limitation, any failure to determine that any distribution or provisions of action may be lawful or governing Deposited Securities. Where, by the terms of a distribution pursuant to Sections 4.02, 4.03, 4.04reasonably practicable), or 4.05 of this Deposit Agreement, or an offering or distribution pursuant (iii) due to Sections 4.06, 4.10 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association of the Company, or for the inability of any Owner or Beneficial Owner to benefit from any distribution, offering, right or other reason, such distribution or offering may not be benefit which is made available to Holdersholders of Deposited Securities but is not, 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. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement, made available to Owners or Beneficial Owners; (b) assume no liability except to perform its obligations to the extent they are specifically set forth in the Receipt and this Deposit Agreement without gross negligence or willful misconduct; (c) in the case of the Depositary and its agents, be under no obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of any Deposited Securities or the Receipt; (d) in the case of the Company and its agents hereunder be under no obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of any Deposited Securities or the Receipt, which in its opinion may involve it in expense or liability, unless indemnity satisfactory to it against all expense (including fees and disbursements of counsel) and liability be furnished as often as may be required; or (e) not be liable for any action or inaction by it in reliance upon the advice of or information from legal counsel, accountants, any person presenting Shares for deposit, any Holder, or any other person believed by it to be competent to give such advice or information.

Prevention or Delay in Performance. Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder or Beneficial Owner or any other person, if, by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom Portugal or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited SecuritiesSecurities 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 other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure)control, the Depositary, its controlling persons or its agents or the Company Company, its controlling persons or its agents agents, shall be (a) 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 which by the terms of this Deposit Agreement it is provided shall be done or performedperformed or (b) obligated to do or perform any act which obligation is inconsistent with the obligations of this Deposit Agreement; nor shall the Depositary, its controlling persons or its agents or the Company, its controlling person persons or its agents incur any liability to any Holder or other person by reason of any non-performance or delay, caused as aforesaid, in 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited Securities. Where, by the terms of a distribution pursuant to Sections Section 4.02, 4.03, or 4.04, or 4.05 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06Section 4.05, 4.10 4.11 or 5.07 of this Deposit Agreement 5.07, or in the Memorandum and Articles of Association of the Company, 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. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder or Beneficial Owner or any other person, if, by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom England or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited Securities, or by reason of any act of God or war or other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure)control, the Depositary, its controlling persons 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 which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary, its controlling persons or its agents or the Company, its controlling person persons or its agents incur any liability to any Holder or other person by reason of any non-performance or delay, caused as aforesaid, in 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited Securities. Where, by the terms of a distribution pursuant to Sections Section 4.02, 4.03, 4.04, or 4.05 4.04 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06Section 4.05, 4.10 4.11 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association of the Company, 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. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder or Beneficial Owner or any other person, if, by reason of any provision of any present or future law or regulation of the United States, Jersey, The the United Kingdom or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited Securities, or by reason of any act of God or war or other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure), the Depositary, its controlling persons 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 which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary, its controlling persons or its agents or the Company, its controlling person or its agents incur any liability to any Holder or other person by reason of any non-performance or delay, caused as aforesaid, in 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited Securities. Where, by the terms of a distribution pursuant to Sections 4.02, 4.03, 4.04, or 4.05 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06, 4.10 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association of the Company, 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. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. by the Depositary or ------------------------------------------------------- the Issuer. ---------- Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates Issuer shall incur any liability to any Holder or Beneficial Owner or of any other personReceipt, if, if by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom States or any other country, or of any other governmental authority or regulatory authority or stock exchangeauthority, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited SecuritiesIssuer, or by reason of any act of God or war or other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure)control, the Depositary, its controlling persons or its agents Depositary or the Company or its agents Issuer shall be prevented or forbidden from from, or be subjected to any civil or criminal penalty or restraint on account of, or delayed in, 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, its controlling persons or its agents Depositary or the Company, its controlling person or its agents Issuer incur any liability to any Holder or other person 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited SecuritiesAgreement. Where, by the terms of a distribution pursuant to Sections 4.01, 4.02, 4.03, 4.04, or 4.05 4.03 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06, 4.10 or 5.07 Section 4.04 of this Deposit Agreement or in the Memorandum and Articles of Association of the CompanyAgreement, or for any other reason, such distribution or offering may not be made available to Holders, or some of themOwners, 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 such rights, if applicable, to lapse. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. BY THE DEPOSITARY OR THE COMPANY. Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder Owner or Beneficial Owner or of any other personReceipt, if, if by reason of (a) any provision of any present or future law law, regulation, order, decree, moratorium or regulation fiat of the United States, Jersey, The United Kingdom Poland or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited Securities, or by reason of any act of God or war or other circumstances beyond its control or their control, or (includingb) in the case of the Depositary and its directors, without limitationemployees, nationalizationagents or affiliates only, expropriationby reason of any provision, currency restrictionspresent or future, work stoppageof the Statute of the Company, strikesor by reason of any provision of any securities issued or distributed by the Company, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure)or any offering or distribution thereof, the Depositary, its controlling persons or its agents Depositary or the Company or its any of their directors, employees, agents or affiliates shall be prevented prevented, delayed or forbidden from from, or subjected be subject to any civil or criminal penalty or restraint on account of, or delayed in, doing or performing any act or thing which by the terms of this Deposit Agreement or Deposited Securities it is provided shall be done or performed; nor shall the DepositaryDepositary nor the Company nor any of their respective directors, its controlling persons or its employees, agents or the Company, its controlling person or its agents affiliates incur any liability to any Holder Owner or other person 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited SecuritiesAgreement. Where, by the terms of a distribution pursuant to Sections Section 4.01, 4.02, 4.03, 4.04, or 4.05 4.03 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06, 4.10 or 5.07 Section 4.04 of this Deposit Agreement or in the Memorandum and Articles of Association of the CompanyAgreement, or for any other reason, such distribution or offering may not be made available to Holders, or some of themOwners, 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 such rights, if applicable, to lapse. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. BY THE DEPOSITARY OR THE COMPANY. Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder or Beneficial Owner or beneficial owner of any other personReceipt, if, if by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom States or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and or Articles of Association of the Company Company, or governing by reason of any Deposited Securitiesprovision 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 other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure)control, the Depositary, its controlling persons or its agents Depositary or the Company or its agents shall be prevented prevented, delayed or forbidden from from, or subjected be subject to any civil or criminal penalty or restraint on account of, or delayed in, doing or performing any act or thing which by the terms of this Deposit Agreement or Deposited Securities it is provided shall be done or performed; nor shall the DepositaryDepositary or the Company or any of their respective directors, its controlling persons or its employees, agents or the Company, its controlling person or its agents affiliates incur any liability to any Holder Owner or other person 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited SecuritiesAgreement. Where, by the terms of a dividend or other distribution pursuant to Sections Section 4.01, 4.02, 4.03, 4.04, or 4.05 4.03 of this the Deposit Agreement, or an offering or distribution pursuant to Sections 4.06, 4.10 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association Section 4.04 of the CompanyDeposit Agreement, or for any other reason, such dividend or other distribution or offering may not be made available to Holders, or some of themOwners, and the Depositary may not dispose of such dividend or other 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 dividend or other distribution or offering, and shall allow any such rights, if applicable, to lapse. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. by the Depositary or ------------------------------------------------------- the Company. Neither the Depositary nor the Company nor any of their ----------- respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder Owner or Beneficial Owner or of any other personReceipt, if, if by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom States or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company Company, or governing by reason of any Deposited Securitiesprovision 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 other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure)control, the Depositary, its controlling persons or its agents Depositary or the Company or its agents shall be prevented prevented, delayed or forbidden from from, or subjected be subject to any civil or criminal penalty or restraint on account of, or delayed in, doing or performing any act or thing which by the terms of this Restricted Deposit Agreement or Deposited Securities it is provided shall be done or performed; nor shall the DepositaryDepositary or the Company or any of their respective directors, its controlling persons or its employees, agents or the Company, its controlling person or its agents affiliates incur any liability to any Holder Owner or other person 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 Restricted 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 Restricted Deposit Agreement or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited SecuritiesAgreement. Where, by the terms of a distribution pursuant to Sections Section 4.01, 4.02, 4.03, 4.04, or 4.05 4.03 of this the Restricted Deposit Agreement, or an offering or distribution pursuant to Sections 4.06, 4.10 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association Section 4.04 of the CompanyRestricted Deposit Agreement, or for any other reason, such distribution or offering may not be made available to Holders, or some of themOwners, 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 such rights, if applicable, to lapse. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. Neither the Depositary nor the Company nor any of their respective controlling personsperson, directors, employees, agents or affiliates shall incur any liability to any Holder or Beneficial Owner or any other person, if, by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom Venezuela or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association By-laws of the Company or governing any Deposited Securities, or by reason of any act of God or war or other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure)control, the Depositary, its controlling persons 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 which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary, its controlling persons or its agents or nor the Company, its controlling person or its agents incur any liability to any Holder or other person by reason of any non-performance or delay, caused as aforesaid, in 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 or in the Memorandum and Articles of Association By-laws of the Company or provisions of or governing Deposited Securities. Where, by the terms of a distribution pursuant to Sections Section 4.02, 4.03, 4.04, or 4.05 4.04 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06Section 4.05, 4.10 4.11 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association By-laws equivalent instrument of the Company, 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. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.

Prevention or Delay in Performance. Neither the Depositary nor the Company nor any of their respective controlling persons, directors, employees, agents or affiliates shall incur any liability to any Holder or Beneficial Owner or any other person, if, by reason of any provision of any present or future law or regulation of the United States, Jersey, The United Kingdom or any other country, or of any other governmental authority or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Memorandum and Articles of Association of the Company or governing any Deposited Securities, or by reason of any act of God or war or other circumstances beyond its control (including, without limitation, nationalization, expropriation, currency restrictions, work stoppage, strikes, civil unrest, acts of terrorism, revolutions, rebellions, explosions and computer failure), the Depositary, its controlling persons 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 which by the terms of this Deposit Agreement it is provided shall be done or performed; nor shall the Depositary, its controlling persons or its agents or the Company, its controlling person or its agents incur any liability to any Holder or other person by reason of any non-performance or delay, caused as aforesaid, in 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 or in the Memorandum and Articles of Association of the Company or provisions of or governing Deposited Securities. Where, by the terms of a distribution pursuant to Sections 4.02, 4.03, 4.04, or 4.05 of this Deposit Agreement, or an offering or distribution pursuant to Sections 4.06, 4.10 or 5.07 of this Deposit Agreement or in the Memorandum and Articles of Association of the Company, 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. The Depositary and the Company shall be entitled to rely upon any written notice, request or other document it believes to be genuine and to have been signed or presented by the proper party or parties without liability under this Deposit Agreement. Neither the Depositary nor the Company shall have any obligation to perform any act inconsistent with the terms of this Deposit Agreement and the Depositary and the Company disclaim liability for any consequential or punitive damages for any breach of the terms of this Deposit Agreement.