Independent Agreements. The covenants set forth in Section 9.3 above shall be construed as an agreement independent of any other provision contained in this Agreement, and the existence of any claim or cause of action, whether predicated upon this Agreement or otherwise, against the Company or any of its Affiliates shall not constitute a defense to the enforcement by the Company or any of its Affiliates of any of such covenants. The Executive acknowledges that the Company has fully performed all obligations entitling it to the benefit of the covenants set forth in Section 9.3 above, and that such covenants, therefore, are not executory or otherwise subject to rejection under the Bankruptcy Code of 1978.
Independent Agreements. The parties hereto agree that the foregoing restrictive covenants set forth herein are essential elements of this Agreement, and that, but for the agreement of Employee to comply with such covenants, Employer would not have agreed to enter into this Agreement. Such covenants by Employee shall be construed as agreements independent of any other provision in this Agreement. The existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement, or otherwise, shall not constitute a defense to the enforcement by Employer of such covenants.
Independent Agreements. The restrictive covenants set forth in Section 8.1 above (collectively, the “Restrictive Covenants”) shall be construed as agreements independent of any other provision contained in this Agreement, and the existence of any claim or cause of action, whether predicated upon this Agreement or otherwise, against the Company or any of its Affiliates shall not constitute a defense to the enforcement by the Company or any of its Affiliates of any of the Restrictive Covenants. The Executive acknowledges that the Company has fully performed all obligations entitling it to the benefits of the Restrictive Covenants, and that the Restrictive Covenants, therefore, are not executory or otherwise subject to rejection under the Bankruptcy Code of 1978.
Independent Agreements. The parties hereto agree that the foregoing restrictive covenants set forth herein are essential elements of this Agreement, and that, but for the agreement of Employee to comply with such covenants, Employer would not have agreed to enter into this Agreement. Such covenants by Employee shall be construed as agreements independent of any other provision in this Agreement. The existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement, or otherwise, shall not constitute a defense to the enforcement by Employer of such covenants. Notwithstanding the foregoing, Employee’s non-competition restrictions under this Agreement shall be void ab initio to the extent that the Severance Benefits are owed to Employee pursuant to Section 8 above and are not actually paid to Employee at the time scheduled for payment thereof in accordance with this Agreement (subject to Employer’s right to cure any non-payment within sixty (60) days following Employee’s written notice of non-payment to the Board or, if Employer disputes in good faith Employee’s rights to the Severance Benefits, within sixty (60) days following the final resolution of such dispute).
Independent Agreements. The provisions contained in Sections 10.1 through 10.8 and 10.10 (other than the last sentence thereof) constitute independent obligations and agreements of the Agent and the Lenders and the Borrower shall not be deemed a party thereto nor bound thereby. Borrower does acknowledge the rights of Lenders and Agent under Sections 10.9 and 10.11 and the last sentence of Section 10.10.
Independent Agreements. (a) Subject to clause 12(c), bona fide commercial arrangements between a Player or an Associate of a Player and:
(i) a Sponsor of an AFL Club which has no connection to the Club Sponsorship; or
(ii) an Associate of an AFL Club (other than a Sponsor) which has no connection to the Associate’s relationship with the AFL Club; and which comply with the provisions of clause 12(b), may be approved by the AFL General Counsel in his absolute discretion and if so, payments in respect of such arrangements shall not be included in the AFL Club’s Additional Services Agreement limit set out in clause 11.1(b) or included in the AFL Club’s Total Player Payments.
(b) When a Player or an Associate of a Player proposes to enter into an Independent Agreement with an Associate of the AFL Club the Player is listed with, the Player must:
(i) submit all relevant details, as may reasonably be required, to the AFL General Counsel in accordance with the Rules; and
(ii) notify the AFL Club of the general nature of the proposed arrangement, prior to the date of the proposed commencement of the commercial arrangement. In the event that the AFL General Counsel approves such an Independent Agreement under clause 12(a), such approval shall apply for the initial term of that commercial arrangement.
(c) The provisions of clauses 12(a) and 12(b) do not apply to pre-existing agreements that were entered into prior to the date the relevant sponsorship of the AFL Club commenced or a renewal or continuation of those agreements.
(d) The AFL will not reject an agreement that otherwise meets the criteria of an Independent Agreement solely on the grounds that a party (other than the Player or Associate of a Player) to that agreement has separately negotiated the right to use Club Intellectual Property with the AFL in connection with the subject matter of that agreement, provided that party has the right to use Club Intellectual Property and the AFL approves.
(e) If the AFL fails to advise the Player of its decision on an Independent Agreement within 28 days of the date of the submission of all relevant materials pursuant to clause 12(b)(i), the request shall be deemed approved.
(f) AFL Clubs shall promptly advise their Players of all of the Club’s Sponsors by 15 February each year where possible and update them of any new sponsorships during the year as soon as practicable and each Player shall advise that Player’s Club of any agreement the Player has with the Club’s Sponsors (including AFL Club Pr...
Independent Agreements. Landlord acknowledges that this is one of four commercial leases made and entered into this date by Landlord and Tenant, and agrees that each Lease is a separate and independent agreement, and that the provisions of each lease may be exercised by Tenant, including specifically its option to renew, independently and without regard to the exercise of the provisions in any other lease. Further, Landlord agrees that the default of Tenant as to the terms and conditions of one lease, shall in no way affect Tenant's rights to exercise or not exercise its options pursuant to those other leases executed between the parties, for which it is not in default.
Independent Agreements. This Insurance Agreement and the Policy are separate and independent agreements and nothing herein shall be construed to vary or otherwise modify any term of the Policy. No breach by any party hereto of any representation, warranty, covenant, agreement or undertaking contained herein shall in any way affect the obligations of the Policy Provider under the Policy.
Independent Agreements. Each of the covenants and agreements of Executive contained in this Section 9 shall be construed as independent of any other provision of this Agreement and independent of each other and given for valuable independent consideration, and the existence of any defense, claim or cause of action against ESCO, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by ESCO of each such independent covenant and agreement.
Independent Agreements. The Time Share Lessees are listed in a single document for the sole purpose of convenience of the Operator. This Agreement shall be deemed a separate Time Sharing Agreement as between Operator and each Time Share Lessee. Without limiting the preceding sentence:
2.2.1. Operator may from time to time agree to add additional persons as a Time Share Lessee, without notice to the existing Time Share Lessees. Each such agreement will be evidenced by a supplement to Schedule 1, signed by Operator and the new Time Share Lessee(s), setting forth the new Time Share Lessee’s notice address, the date as to which this Agreement becomes effective as to the new Time Share Lessee, and his or her commitment to be bound by this Agreement.
2.2.2. The rights and obligations of each Time Share Lessee are independent of one another. Under no circumstances will any Time Share Lessee be deemed liable for any monetary or non-monetary obligations of any other Time Share Lessee hereunder, whether jointly, severally, or by way of suretyship or guaranty.
2.2.3. Termination of this Agreement as to any one or more of the Time Share Lessees shall not be deemed to be a termination as to any other Time Share Lessee.
