Essential Element. It is understood by and between the parties hereto that the foregoing restrictive covenants set forth in Sections 11(a) through (c) are essential elements of this Agreement, and that, but for the agreement of the Executive to comply with such covenants, the Company would not have agreed to enter into this Agreement. Such covenants by the Executive shall be construed as agreements independent of any other provision in this Agreement. The existence of any claim or cause of action of the Executive against the Company, whether predicated on this Agreement, or otherwise, shall not constitute a defense to the enforcement by the Company of such covenants.
Essential Element. Time limits stated in the Contract Documents are an essential element of this Contract.
Essential Element. The provisions of this Section 6 are an essential element of the benefit of the consideration reflected in this Agreement.
Essential Element. Respect for democratic principles and fundamental human rights as laid down in the Universal Declaration on Human Rights, as well as for the principles of the rule of law underpins the internal and international policies of the Community and of South Africa and constitutes an essential element of this Agreement. The Parties also reaffirm their attachment to the principles of good governance.
Essential Element. It is understood by and between the parties hereto that the foregoing restrictive covenants set forth in Sections 10, 11, 12, and 13(a) and 14 are essential elements of this Agreement, and that but for the Agreement of the Employee to comply with such covenants, the Employer would not have entered into this Agreement. Notwithstanding anything to the contrary in this Agreement, the terms and provisions of Sections 11, and 12, 13(a) and 14 of this Agreement, together with any definitions used in such terms and provisions, shall survive the termination or expiration of this Agreement. The existence of any claim or cause of action of the Employee against the Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Employer of such covenants.
Essential Element. This Agreement is essential to any agreement Company enters into with a Customer. Company can only collect orders and payments for Products and purchase and deliver welcome kits and/or any additional program information and materials if this Agreement is in full force and effect.
Essential Element. It is understood by and between the parties hereto that the foregoing restrictive covenants set forth in Sections 11(a) through (c) are essential elements of this Agreement, and that, but for the agreement of the Employee to comply with such covenant, the Employer would not have agreed to enter into this Agreement. Such covenants by the Employee shall be construed as agreements independent of any other provision in this Agreement. The existence of any claim or cause of action of the Employee against the Employer, whether predicated on this Agreement, or otherwise, shall not constitute a defense to the enforcement by the Employer of such covenants.
Essential Element. Both COMPANY and MICROSOFT acknowledge that this Agreement is essential to any agreement it enters into with a Volume Licensing Customer. Except as is specifically provided in Section 3.3 above related to COMPANY's right to collect any outstanding payment following termination or expiration of this Agreement, COMPANY's rights to collect orders and payments for Licenses and Software Assurance, and purchase and deliver Welcome Kits, Software CDs and/or any additional program information and materials are conditional upon this Agreement being in full force and effect. COMPANY acknowledges further that, if and when it is the subject of a bankruptcy filing (under any Chapter of 11 United States Code Section 101 et seq. including any future amendments), then assumption of any contract with a Volume Licensing Customer is conditional upon the assumption of this Agreement.
Essential Element. Both COMPANY and MS acknowledge that this Addendum is essential to any agreement it enters into with a Select Customer. Except as is specifically provided in Section 4.3 related to COMPANY's right to collect any outstanding payment following termination of this Addendum, COMPANY's rights to acquire and/or distribute Select Software Products, Select CD-ROMs and/or any additional program information and materials, and to collect payment from its Select Customers are conditional upon this Addendum being in full force and effect. COMPANY acknowledges further that, if and when it is the subject of a bankruptcy filing (under any Chapter of 11 United States Code Section 101 et seq. including any future amendments), then assumption of any contract with a Select Customer is conditional upon the assumption of this Addendum.
Essential Element. Both Government Integrator and MS acknowledge that this Agreement and its attachments are essential to any agreement it enters into with a Participating Agency. Except as is specifically provided herein related to Government Integrator's right to collect any outstanding payment following termination of this Agreement, Government Integrator's rights to acquire and/or distribute Products, and to collect payment from its Participating Agencies, are conditional upon this Agreement being in full force and effect. Government Integrator acknowledges further that, if and when it is the subject of a bankruptcy filing (under any Chapter of 11 United States Code Section 101 et seq. including any future amendments), then assumption of any contract with a Participating Agency is conditional upon the assumption of this Agreement.
