Common use of Action in Stockholder’s Capacity Only Clause in Contracts

Action in Stockholder’s Capacity Only. Each Stockholder and each partner, officer, employee or Affiliate of such Stockholder (the “Stockholder Parties”), if a director, officer, employee or fiduciary of the Company, does not make any agreement or understanding herein, and shall not otherwise be subject to the terms of this Agreement, as a director, officer, employee or fiduciary of the Company. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Beneficial Owner of the shares of Company Common Stock Beneficially Owned by such Stockholder, and nothing herein shall limit or affect any actions taken in such Stockholder’s capacity, or in any partner, officer, employee or Affiliate of Stockholder’s capacity, as an director, officer, employee or fiduciary of the Company, including complying with or exercising such Stockholder’s, or any partner, officer, employee or Affiliate of Stockholder’s, fiduciary duties owed to the Company. No action taken by any Stockholder in such Stockholder’s capacity as a director, officer, employee or fiduciary of the Company shall be deemed to constitute a breach of this Agreement.

Action in Stockholder’s Capacity Only. Each Stockholder and each partner, officer, employee or Affiliate of such Stockholder (the “Stockholder Parties”)Stockholder, if a director, officer, employee director or fiduciary officer of the Company, does not make any agreement or understanding herein, and shall not otherwise be subject to the terms of this Agreement, as a director, officer, employee director or fiduciary officer of the Company. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Beneficial Owner of the shares of Company Common Stock, Company Options and Company Restricted Stock Awards Beneficially Owned by such Stockholder, and nothing herein shall limit or affect any actions taken in such Stockholder’s capacity, or in any partner, officer, employee or Affiliate of StockholderShareholder’s capacity, as an director, officer, employee officer or fiduciary director of the Company, including complying with or exercising such Stockholder’s, or any partner, officer, employee or Affiliate of StockholderShareholder’s, fiduciary duties owed to the Company. No action taken by any Stockholder in such Stockholder’s capacity as a director, officer, employee or fiduciary member of the Company shall be deemed to constitute a breach of this AgreementBoard.