13 Liability

13.1 Liability

Any liability arising out of, or in relation to any Deposited Securities shall be governed by the Depository Agent Terms.

Amended on 3 June 20193 June 2019 and 15 July 2026.

None of the Relevant Persons shall be liable for any losses or damages that may be suffered, incurred or sustained by any Depository Agent or any Account Holder or Sub-Account Holder, nor shall be responsible for failure to comply or delay in complying with any duty or obligation under or pursuant to these CDP Rules arising as a direct or indirect result of any reason, cause or contingency beyond the Relevant Person's reasonable control, including (without limitation) natural disasters, act of God, industrial action, computer breakdown or sabotage, currency restrictions, war or terrorism, or the failure, suspension or disruption of any relevant stock exchange, clearance system or market.

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

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.

13.4 No Obligation for Deposited Securities

The Depository shall not be under any obligation to ensure that Deposited Securities are not forged or fraudulent and can be freely transferred or delivered without encumbrance and will not be responsible for any loss suffered by any Account Holder, Sub-Account Holder or Depository Agent.

13.5 Notification of Invalid Deposited Securities

The Depository will notify the Depositors immediately in the event that any Deposited Securities prove to be forged, fraudulent or invalid.

13.6 Limited Obligation on Instructions

Save for ensuring that written instructions bear signature(s) which in the Depository's sole opinion, corresponds to the specimen signature(s) of the Depositor(s) provided to the Depository, the Depository shall be under no obligation to ensure that instructions received from Depository Agents or Account Holders are not forged, fraudulent or invalid.

13.7 Notification on Instructions

The Depository will notify the Depositors immediately in the event that any instructions prove to be forged, fraudulent or invalid.

13.8 No Liability for Consequential Damages

Notwithstanding the foregoing, in no event shall the Relevant Persons be liable to the Depositors and Sub-Account Holders for indirect, special or consequential damages, even if advised of the possibility of such damages.

Amended on 15 September 201715 September 2017 and 15 July 2026.

13.9 No Breach of Laws

Nothing in these CDP Rules shall obligate the Relevant Persons to perform any obligation or to allow, take or omit taking any action which will breach any law, rule, regulation or generally accepted market practice of any relevant government, stock exchange, clearance system, self-regulatory organization or market.

Amended on 15 September 2017 15 September 2017.

13.10 No Liability for Third Parties

The Relevant Persons shall not be responsible or liable for the acts or omissions, default or insolvency of any:

13.10.1 depository, sub-custodian and custodian appointed in respect of Foreign Securities unless the Depository has failed to take reasonable care in their selection; or

13.10.2 issuer of Eligible Securities.