Common use of Director and Officer Matters Excluded Clause in Contracts

Director and Officer Matters Excluded. Parent and Merger Sub acknowledge and agree that no provision of this Agreement shall limit or otherwise restrict any Stockholder with respect to any act or omission that a Stockholder may undertake or authorize in his or her capacity as a director or officer of the Company, including, without limitation, any vote that such Stockholder may make as a director or officer of the Company with respect to any matter presented to the Company Board.

Director and Officer Matters Excluded. Parent and Merger Sub acknowledge and agree that no provision of this Agreement shall limit or otherwise restrict any Stockholder with respect to any act or omission that a Stockholder may undertake or authorize in his or her Stockholder’s capacity as a director or officer of the Company, including, without limitation, any vote that such Stockholder may make as a director or officer of the Company with respect to any matter presented to the Company Board.