Common use of Other Capacities Clause in Contracts

Other Capacities. If any Stockholder is an officer or director of the Company, nothing in this Agreement shall be deemed to apply to, or to limit in any manner, the discretion of such Stockholder with respect to any action to be taken (or omitted) by such Stockholder in his or her fiduciary capacity as an officer or director of the Company; provided that the obligations, covenants and agreements of such Stockholder contained in this Agreement are separate and apart from such Stockholder’s fiduciary duties as an officer or director of the Company, and neither any fiduciary obligation that such Stockholder may have as a director or officer of the Company nor the occurrence of a Adverse Recommendation Change shall countermand the obligations, covenants and agreements of such Stockholder, in his or her capacity as a stockholder of the Company, contained in this Agreement.

Other Capacities. If any Stockholder Shareholder is an officer or director of the Company, nothing in this Agreement shall be deemed to apply to, or to limit in any manner, the discretion of such Stockholder Shareholder with respect to any action to be taken (or omitted) by such Stockholder Shareholder in his or her fiduciary capacity as an officer or director of the Company; provided that the obligations, covenants and agreements of such Stockholder Shareholder contained in this Agreement are separate and apart from such StockholderShareholder’s fiduciary duties as an officer or director of the Company, and neither any fiduciary obligation that such Stockholder Shareholder may have as a director or officer of the Company nor the occurrence of a Company Adverse Recommendation Change shall countermand the obligations, covenants and agreements of such StockholderShareholder, solely in his or her capacity as a stockholder shareholder of the Company, contained in this Agreement.