Common use of ARE ESSENTIAL AND INDEPENDENT COVENANTS Clause in Contracts

ARE ESSENTIAL AND INDEPENDENT COVENANTS. The covenants by the Employee in Sections 7 and 8 are essential elements of this Agreement, and without the Employee's agreement to comply with such covenants, the Company would not have entered into this Agreement or employed the Employee. The Company and the Employee have independently consulted their respective counsel and have been advised in all respects concerning the reasonableness and propriety of such covenants, with specific regard to the nature of the business conducted by the Company. The Employee's covenants in Sections 7 and 8 are independent covenants and the existence of any claim by the Employee against the Company, under this Agreement or otherwise, will not excuse the Employee's breach of any covenant in Section 7 or 8. If the Employee's employment hereunder expires or is terminated, this Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Employee in Sections 7 and 8.

ARE ESSENTIAL AND INDEPENDENT COVENANTS. The covenants by the Employee Executive in Sections 7 and 8 are essential elements of this Agreement, and without the EmployeeExecutive's agreement to comply with such covenants, the Company Buyer would not have purchased the Assets and the Employer would not have entered into this Agreement or employed or continued the Employeeemployment of the Executive. The Company Employer and the Employee Executive have independently consulted their respective counsel and have been advised in all respects concerning the reasonableness and propriety of such covenants, with specific regard to the nature of the business conducted by the CompanyEmployer. The EmployeeExecutive's covenants in Sections 7 and 8 are independent covenants and the existence of any claim by the Employee Executive against the Company, Employer under this Agreement or otherwiseAgreement, will not excuse the EmployeeExecutive's breach of any covenant in Section 7 or 8. If the EmployeeExecutive's employment hereunder expires or is terminated, this Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Employee Executive in Sections 7 and 8.

ARE ESSENTIAL AND INDEPENDENT COVENANTS. The covenants by the Employee Officer in Sections 7 Section 11(a) and 8 Section 11(b) are essential elements of this Agreement, and without the Employee's Officer’s agreement to comply with such covenants, the Company Employers would not have entered into this Agreement or employed or continued the Employeeemployment of the Officer. The Company Employers and the Employee Officer have independently consulted their respective counsel and have been advised in all respects concerning the reasonableness and propriety of such covenants, with specific regard to the nature of the business conducted by the CompanyEmployers. The Employee's Officer’s covenants in Sections 7 Section 11(a) and 8 Section 11(b) are independent covenants and the existence of any claim by the Employee Officer against the Company, either Employer under this Agreement or otherwise, will shall not excuse the Employee's Officer’s breach of any covenant in Section 7 or 811(a) and Section 11(b). If the Employee's Officer’s employment hereunder expires or is terminated, this Agreement will shall continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Employee Officer in Sections 7 Section 11(a) and 8Section 11(b).