Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a stockholder of the Company, and not, if applicable, in such Stockholder’s capacity as a director, officer or employee of the Company. Nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer, and no action taken in any such capacity as an officer or director of the Company shall be deemed to constitute a breach of this Agreement, provided, that, for the avoidance of doubt, nothing herein shall be understood to relieve any party to the Merger Agreement of any obligation under, or of any liability for breach of any provision of, the Merger Agreement.

Capacity as a Stockholder. EachNotwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in suchthe Stockholder’s capacity as a stockholder of the Company, and not, if applicable,not in such Stockholder’sany other capacity as a director, officerand this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Company. Nothing herein shall inStockholder or any way restrict a director or officer of the Company in the taking of any actions (or failure to act)its affiliates in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer, and no action taken in any such capacitycapacity, if applicable, as an officer or director of the Company shall be deemed to constitute a breach of this Agreement, provided, that, for the avoidance of doubt, nothing herein shall be understood to relieveor any party to the Merger Agreement of any obligation under, or of any liability for breach of any provision of, the Merger Agreement.other Person.