Common use of Fiduciary Duties Clause in Contracts

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a beneficial owner of the Shares and (ii) nothing in this Agreement shall be construed to limit or affect Holder, or any Affiliate or designee of Holder, who serves as an officer or as a member of the Board in acting in his or her capacity as an officer or director of the Company and exercising his or her fiduciary duties and responsibilities in such capacity.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a beneficial owner of the Shares and Shares, (ii) nothing in this Agreement shall be construed to limit or affect the Holder’s rights and obligations as a director, officer, or other fiduciary of the Company, and (iii) Holder shall have no liability to Parent, Merger Sub or any Affiliate or designee of Holder, who serves as an officer or their Affiliates under this Agreement as a member result of the Board in any action or inaction by Holder acting in his or her capacity as an officer a director, officer, or director other fiduciary of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a beneficial owner of the Shares and Shares, (ii) nothing in this Agreement shall be construed to limit or affect the Holder’s rights and obligations as a director, officer, or other fiduciary of the Company, and (iii) Holder shall have no liability to Buyer or any Affiliate or designee of Holder, who serves as an officer or its Affiliates under this Agreement as a member result of the Board in any action or inaction by Holder acting in his or her capacity as an officer a director, officer, or director other fiduciary of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a record holder and/or beneficial owner of the Shares and Shares, (ii) nothing in this Agreement shall be construed to limit or affect Holder, any action or any Affiliate or designee of Holder, who serves as an officer or as a member of the Board in inaction by Holder acting in his or her capacity as an a director, officer or director other fiduciary of the Company Company, and exercising (iii) Holder shall have no liability to Parent, Merger Sub or any of their Affiliates under this Agreement as a result of any action or inaction by Holder acting in his capacity as a director, officer or her other fiduciary duties and responsibilities in such capacityof the Company.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than solely in Holder’s capacity as a beneficial owner of the Shares and (ii) nothing in this Agreement shall be construed to limit or affect Holder, or any Affiliate or designee of Holder, who serves in any other capacity (including as an officer of the Company or as a member of the Company Board in acting in his or her capacity as an officer or director of the Company and Company) or in exercising his or her fiduciary duties and responsibilities in such capacityas an officer of the Company or as a member of the Company Board.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a beneficial owner of the Shares and Shares, (ii) nothing in this Agreement shall be construed to limit or affect Holder’s rights and obligations as a director, officer, or other fiduciary of the Company, and (iii) Holder shall have no liability to Parent, Merger Sub or any Affiliate or designee of Holder, who serves as an officer or their Affiliates under this Agreement as a member result of the Board in any action or inaction by Holder acting in his or her capacity as an officer a director, officer, or director other fiduciary of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a record holder and beneficial owner of the Shares and Shares, (ii) nothing in this Agreement shall be construed to limit or affect Holder, any action or any Affiliate or designee of Holder, who serves as an officer or as a member of the Board in inaction by Holder acting in his or her capacity as an officer a director or director fiduciary of the Company Company, and exercising (iii) Holder shall have no liability to Newco, Merger Sub or any of their Affiliates under this Agreement as a result of any action or inaction by Holder acting in his capacity as a director or her fiduciary duties and responsibilities in such capacityof the Company.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s 's capacity as a beneficial owner of the Shares and Shares, (ii) nothing in this Agreement shall be construed to limit or affect the Holder's rights and obligations as a director, officer, or other fiduciary of the Company, and (iii) Holder shall have no liability to Parent, Merger Sub or any Affiliate or designee of Holder, who serves as an officer or their Affiliates under this Agreement as a member result of the Board in any action or inaction by Holder acting in his or her capacity as an officer a director, officer, or director other fiduciary of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a beneficial owner record holder of the Shares and Shares, (ii) nothing in this Agreement shall be construed to limit or affect Holder, any action or any Affiliate or designee of Holder, who serves as an officer or as a member of the Board in inaction by Holder acting in his or her capacity as an officer a director or director fiduciary of the Company Company, and exercising (iii) Holder shall have no liability to Newco, Merger Sub or any of their Affiliates under this Agreement as a result of any action or inaction by Holder acting in his capacity as a director or her fiduciary duties and responsibilities in such capacityof the Company.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: (i) Holder makes no agreement or understanding herein in any capacity other than in Holder’s 's capacity as a beneficial owner of the Shares and (ii) nothing in this Agreement shall be construed to limit or affect the Holder, or any Affiliate or designee of Holder, who serves as an officer or 's rights and obligations as a member director or officer of the Board in acting in his or her capacity as an officer or director of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Fiduciary Duties. Notwithstanding anything in this Agreement to the contrary: , (ia) Holder makes no agreement or understanding herein in any capacity other than in Holder’s capacity as a beneficial owner of the Shares and (iib) nothing in this Agreement shall be construed to limit or affect Holder, or any Affiliate or designee of Holder, who serves as an officer or as a member of the Company Board or as an officer of the Company in acting in his or her capacity as an officer or director of the Company and exercising his or her fiduciary duties and responsibilities in such capacity.