Common use of No Limitation on Discretion as Director Clause in Contracts

No Limitation on Discretion as Director. Nothing in this Agreement shall be deemed to apply to, or to limit in any manner, the discretion of any of the Stockholders with respect to any action to be taken (or omitted) by such Stockholder in the Stockholder's fiduciary capacity as a director or officer of the Company; provided, however, it is agreed and understood by the parties to this Agreement that the obligations, covenants and agreements of such Stockholder contained in this Agreement are separate and apart from the Stockholder's fiduciary duties as a director or officer of the Company and no fiduciary obligations that Stockholder may have as a director or officer of the Company shall countermand the obligations, covenants and agreements of Stockholder, in his capacity as a stockholder of the Company, contained in this Agreement.

No Limitation on Discretion as Director. Nothing in this Agreement shall be deemed to apply to, or to limit in any manner, the discretion of any of the Stockholders Stockholder with respect to any action to be taken (or omitted) by such the Stockholder in the Stockholder's ’s fiduciary capacity as a director or officer of the CompanyCompany including, without limitation, in connection with any action taken in accordance with Section 6.2 or 6.4 or Article VIII of the Merger Agreement; provided, however, it is agreed and understood by the parties to this Agreement provided that the obligations, covenants and agreements of such Stockholder contained in this Agreement are separate and apart from the Stockholder's ’s fiduciary duties as a director or officer of the Company and no fiduciary obligations that a Stockholder may have as a director or officer of the Company shall countermand the obligations, covenants and agreements of such Stockholder, in his capacity as a stockholder of the Company, contained in this Agreement.

No Limitation on Discretion as Director. Nothing in this Agreement shall be deemed to apply to, or to limit in any manner, the discretion of any of the Stockholders Stockholder with respect to any action to be taken (or omitted) by such Stockholder in the such Stockholder's fiduciary capacity as a director or officer of the CompanyCompany and solely with respect to actions or omissions of such director in his or her capacity as a director; provided, however, it is agreed and understood by the parties to this Agreement hereto that the obligations, covenants and agreements of such Stockholder contained in this Agreement are separate and apart from the such Stockholder's fiduciary duties as a director or officer of the Company and no fiduciary obligations that such Stockholder may have as a director or officer of the Company shall countermand the obligations, covenants and agreements of such Stockholder, in his capacity as a stockholder of the Company, contained in this Agreement.