Independent Agreement. All of the covenants in this paragraph 3 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of 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. It is specifically agreed that the period following termination of employment stated at the beginning of this paragraph 3, during which the agreements and covenants of Executive made in this paragraph 3 shall be effective, shall be computed by excluding from such computation any time during which Executive is in violation of any provision of this paragraph 3.
Appears in 7 contracts
Samples: Employment Agreement (Brillian Corp), Employment Agreement (Syntax-Brillian Corp), Employment Agreement (Brillian Corp)
Independent Agreement. All of the covenants in this paragraph Section 3 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of 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; except as provided in Section 4(d) below. It is specifically agreed that the period Non-compete Period following termination of employment stated at the beginning of as defined in this paragraph Section 3, during which the agreements and covenants of Executive made in this paragraph Section 3 shall be effective, shall be computed by excluding from such computation any time during which Executive is in violation of any provision of this paragraph Section 3.
Appears in 5 contracts
Samples: Employment Agreement (Schmitt Industries Inc), Employment Agreement (Schmitt Industries Inc), Employment Agreement (Schmitt Industries Inc)
Independent Agreement. All of the covenants in this paragraph Section 3 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of 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; except as provided in Section 4(d) below. It is specifically agreed that the period Noncompete Period following termination of employment stated at the beginning of as defined in this paragraph Section 3, during which the agreements and covenants of Executive made in this paragraph Section 3 shall be effective, shall be computed by excluding from such computation any time during which Executive is in violation of any provision of this paragraph Section 3.
Appears in 4 contracts
Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)
Independent Agreement. All of the covenants in this paragraph 3 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of 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. It is specifically agreed that the period of two (2) years following termination of employment stated at the beginning of this paragraph 3, during which the agreements and covenants of Executive made in this paragraph 3 shall be effective, shall be computed by excluding from such computation any time during which Executive is in violation of any provision of this paragraph 3.
Appears in 3 contracts
Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)
Independent Agreement. All of the covenants in this paragraph Section 3 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of 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, except as provided in Section 4(d) below. It is specifically agreed that the period following termination of employment stated at the beginning of Noncompete Period defined in this paragraph Section 3, during which the agreements and covenants of Executive made in this paragraph Section 3 shall be effective, shall be computed by excluding from such computation any time during which Executive is in violation of any provision of this paragraph Section 3.
Appears in 2 contracts
Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)
Independent Agreement. All of the covenants in this paragraph 3 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of Executive Sxxxxxxx against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of such covenants. It is specifically agreed that the period following termination of employment stated at the beginning of this paragraph 3, during which the agreements and covenants of Executive Sxxxxxxx made in this paragraph 3 shall be effective, shall be computed by excluding from such computation any time during which Executive Sxxxxxxx is in violation of any provision of this paragraph 3.
Appears in 1 contract
Independent Agreement. All Except as otherwise provided herein, all of the covenants in this paragraph 3 2 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of 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. It is specifically agreed that the period following termination of employment stated at the beginning of this paragraph 32, during which the agreements and covenants of Executive made in this paragraph 3 2 shall be effective, shall be computed by excluding from such computation any time during which Executive is in violation of any provision of this paragraph 32.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Synaptics Inc)