13.3 Limitation of Liability

CDP Depository Rules

13.3 Limitation of Liability

13.3.1 A Relevant Person shall not be liable to any person for any loss or damage suffered by Depositors (including consequential or indirect loss or damage, even if advised of the possibility of such loss or damage) however caused or arising, including but not limited to any loss or damage arising directly or indirectly from or in connection with the following, or any thing done or not done as a direct or indirect consequence of the following, unless the same results from an act of negligence or fraud on the part of any Relevant Person:

(a) any failure, error, delay or malfunction of the Central Depository System operated by the Depository howsoever caused and whether or not identified or identifiable;

(b) the access to, use or inability to use the Central Depository System operated by the Depository;

(c) any thing done (including any statement made) or omitted to be done by any Relevant Person in the course of, or in connection with, the discharge or purported discharge of the Depository’s obligations or rights under the Securities and Futures Act, any other applicable law, or under these CDP Rules;

(d) any breach or failure of any Depository Agent to comply with these CDP Rules;

(e) the acts or omissions of any Depository Agent;

(f) any failure, security breach, inoperability or malfunction of equipment, software or any other product supplied to a Depository Agent howsoever caused, or in respect of its installation, maintenance or removal;

(g) the exercise of a decision-making or regulatory power or discretion under these CDP Rules;

(h) the acceptance of a Depository Agent’s resignation;

(i) any virus or other destructive, malicious, or corrupting program, code, agent, script or macro;

(j) the originality, accuracy, adequacy, timeliness or completeness of the Central Depository System, the Depository Register or any content, information, materials, images, sounds, graphics, video and other materials displayed therein or any functionalities or applications, programs or services provided therein (collectively "Content");

(k) any reliance on the Content or any part thereof; or

(l) any information transmitted or received by or on behalf of the Depository or a Depository Agent, including through the Central Depository System, or the interception of or access to such information by unauthorised persons.

13.3.2 In the event of any act of negligence or fraud on the part of a Relevant Person, the Depository will promptly replace any Deposited Securities which have been lost, stolen or destroyed. Where such replacement of lost, stolen or destroyed Deposited Securities is not possible, the collective liability of the Relevant Persons in connection with any Deposited Securities shall not exceed the lower of the market value of the Deposited Securities to which such loss or damage relates at the time of discovery of such negligence or fraud or at the time of proposed replacement.

13.3.3 In no event shall any Relevant Person be responsible for any loss or damage suffered by a Sub-Account Holder (including consequential or indirect loss or damage, even if advised of the possibility of such loss or damage) however caused or arising, including but not limited to any loss or damage arising directly or indirectly from or in connection with any of the events set out in Rule 13.3.1, or any thing done or not done as a direct or indirect consequence of those events.

Amended on 15 September 201715 September 2017, 3 June 20193 June 2019 and 15 July 2026.