Common use of Capacity as Shareholder Clause in Contracts

Capacity as Shareholder. Shareholder executes and delivers this Agreement solely in Shareholder’s capacity as agent for and on behalf of a shareholder of Milan, and not in Shareholder’s capacity as a director, officer or employee of Milan or in Shareholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall in any way restrict a director or officer of Milan in the exercise of his or her fiduciary duties as a director or officer of Milan or in his or her capacity as a trustee or fiduciary of any employee benefit plan or trust, or prevent any director or officer of Milan or any trustee or fiduciary of any employee benefit plan or trust from taking any action in his or her capacity as such director, officer, trustee or fiduciary and none of such actions in such capacity shall be deemed to constitute a breach of this Agreement.

Capacity as Shareholder. Shareholder executes and delivers this Agreement solely in Shareholder’s capacity as agent for and on behalf of a shareholder of Milan, and not in Shareholder’s capacity as a director, officer or employee of Milan or in Shareholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall in any way restrict a director or officer of Milan in the exercise of his or her fiduciary duties as a director or officer of Milan or in his or her capacity as a trustee or fiduciary of any employee benefit plan or trust, or prevent any director or officer of Milan or any trustee or fiduciary of any employee benefit plan or trust from taking any action in his or her capacity as such director, officer, trustee or fiduciary and none of such actions in such capacity shall be deemed to constitute a breach of this Agreement.