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. None of the Depositary, any Depositary’s Agent or the Registrar 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 by reason of any provision, present or future, of the Articles of Incorporation or the Articles of Designation or 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 or the Registrar 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 or the Registrar 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.