Common use of Covenants Are Independent Elements Clause in Contracts

Covenants Are Independent Elements. The parties acknowledge that the restrictive covenants contained in this Section 5 are essential independent elements of this Agreement and that, but for Executive agreeing to comply with them, Company would not continue to employ Executive and would not provide the compensation herein. Accordingly, the existence or assertion of any claim by Executive against Company, whether based on this Agreement or otherwise, shall not operate as a defense to Company’s enforcement of the covenants this Section 5. An alleged or actual breach of the Agreement by the Company will not be a defense to enforcement of the provisions of Section 5 or other obligations of Executive to the Company.

Covenants Are Independent Elements. The parties acknowledge that the restrictive covenants contained in this Section 5 4 are essential independent elements of this Agreement and that, but for Executive agreeing to comply with them, Company would not continue to employ Executive and would not provide the compensation herein. Accordingly, the existence or assertion of any claim by Executive against Company, whether based on this Agreement or otherwise, shall not operate as a defense to Company’s enforcement of the covenants this Section 54. An alleged or actual breach of the Agreement by the Company will not be a defense to enforcement of the provisions of Section 5 4 or other obligations of Executive to the Company.

Covenants Are Independent Elements. The parties acknowledge that the restrictive covenants contained in this Section 5 6 are essential independent elements of this Agreement and that, but for Executive agreeing to comply with them, Company would not continue to employ Executive and would not provide the compensation herein. Accordingly, the existence or assertion of any claim by Executive against Company, whether based on this Agreement or otherwise, shall not operate as a defense to Company’s enforcement of the covenants this Section 56. An alleged or actual breach of the Agreement by the Company will not be a defense to enforcement of the provisions of Section 5 6 or other obligations of Executive to the Company.