Common use of Capacity as a Holder Clause in Contracts

Capacity as a Holder. Notwithstanding anything herein to the contrary, each Holder signs this Agreement solely in the Holder’s capacity as a Holder or proxy holder of Securities, and not in any other capacity and this Agreement shall not limit, prevent or otherwise affect the actions of such Holder or any Affiliate, employee or designee of such Holder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of the Company (or any Subsidiary of the Company) or any other person, including in the exercise of his or her fiduciary duties as a director or officer of the Company or any Subsidiary of the Company. No Holder shall be liable or responsible for any breach, default, or violation of any representation, warranty, covenant or agreement by any other Holder that is also a party hereto and each Holder shall solely be required to perform its obligations hereunder in its individual capacity.