Independence of Agreements. All agreements and covenants hereunder shall be given independent effect so that if a certain action or condition constitutes a default under a certain agreement or covenant, the fact that such action or condition is permitted by another agreement or covenant shall not affect the occurrence of such default, unless expressly permitted under an exception to such covenant. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of or a breach of the representation and warranty first referred to in this sentence.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Exchange Applications Inc), Securities Purchase Agreement (Insight Capital Partners Iv Lp), Securities Purchase Agreement (Insight Venture Partners Iv Lp)
Independence of Agreements. All agreements and covenants hereunder shall will be given independent effect so that if a certain action or condition constitutes a default under a certain agreement or covenant, the fact that such action or condition is permitted by another agreement or covenant shall will not affect the occurrence of such default, unless expressly permitted under an exception to such covenant. In addition, all representations and warranties hereunder shall will be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of or a breach of the representation and warranty first referred to in this sentence.
Appears in 2 contracts
Samples: Transaction Agreement (Gaiam Inc), Transaction Agreement (Revolution Living LLC)
