Common use of ARE ESSENTIAL AND INDEPENDENT COVENANTS Clause in Contracts

ARE ESSENTIAL AND INDEPENDENT COVENANTS. The covenants by the Executive in Sections 7 and 8 are essential elements of this Agreement, and without the Executive's agreement to comply with such covenants, the Employer would not have entered into this Agreement or employed or continued the employment of the Executive. The Employer and the Executive have independently consulted their respective counsel regarding such covenants. The Executive's covenants in Sections 7 and 8 are independent covenants and the existence of any claim by the Executive against the Employer under this Agreement or otherwise, or against the Buyer, will not excuse the Executive's breach of any covenant in Section 7 or 8; provided, however, that Executive's covenants in Section 7 and 8 shall terminate if there is a termination for good reason as set forth in Section 6.4 hereof.