BP (BP)

None of Parent, its subsidiaries (including without limitation, the Company), their directors, officers, affiliates, employees or agents, the Administrator nor the Independent Agent shall be liable under the Plan for any act performed in good faith or for any good faith omission to act including, without limitation, any claims for liability arising out of (a) the failure to terminate a Plan Account upon a Participant’s death absent valid transfer instructions pertaining to the ADS Shares allocable to the subject Plan Account or (b) the price at which ADS Shares are purchased or sold for Plan Accounts and the time such purchases or sales are made.

None of Parent, its subsidiaries (including without limitation, the Company), their directors, officers, affiliates, employees or agents, the Administrator nor the Independent Agent shall be liable under the Plan for any act performed in good faith or for any good faith omission to act including, without limitation, any claims for liability arising out of (a) the failure to terminate a Plan Account
upon a Participant’s death absent valid transfer instructions pertaining to the ADS Shares allocable to the subject Plan Account or (b) the price at which ADS Shares are purchased or sold for Plan Accounts and the time such purchases or sales are made.

None of Parent, its subsidiaries (including without limitation, the Company), their directors, officers, affiliates, employees or agents, the Administrator nor the Independent Agent shall be liable under the Plan for any act performed in good faith or for any good faith omission to act including, without limitation, any claims for liability arising out of (a) the failure to terminate a Plan Account upon a Participant’s death absent valid transfer instructions pertaining to the ADS Shares allocable to the subject Plan Account or (b) the price at which ADS Shares are purchased or sold for Plan Accounts and the time such purchases or sales are made.

None of Parent, its subsidiaries (including without limitation, the Company), their directors, officers, affiliates, employees or agents, the Administrator nor the Independent Agent shall be liable under the Plan for any act performed in good faith or for any good faith omission to act including, without limitation, any claims for liability arising out of (a) the failure to terminate a Plan Account
upon a Participant’s death absent valid transfer instructions pertaining to the ADS Shares allocable to the subject Plan Account or (b) the price at which ADS Shares are purchased or sold for Plan Accounts and the time such purchases or sales are made.