Common use of Independent Covenant Clause in Contracts

Independent Covenant. All the covenants in this Article X are intended by each party hereto to, and 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 any Restricted Stockholder against TMI, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by TMI of any covenant in this Article X. It is specifically agreed that the period specified in Section 10.01 shall be computed in the case of each Restricted Stockholder by excluding from that computation any time during which that Restricted Stockholder is in violation of any provision of Section 10.01. The covenants contained in this Article X shall not be affected by any breach of any other provision of this Agreement by any party hereto.

Independent Covenant. All the covenants in this Article X are intended by each party hereto Party to, and 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 any Restricted Stockholder or Stockholder against TMIOEI, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by TMI OEI of any covenant in this Article X. It is specifically agreed that the period specified in Section 10.01 shall be computed in the case of each Restricted Stockholder and Stockholder by excluding from that computation any time during which that the Restricted Stockholder or Stockholder is in violation of any provision of Section 10.01. The covenants contained in this Article X shall not be affected by any breach of any other provision of this Agreement by any party heretoParty.

Independent Covenant. All of the covenants in this Article X are intended by each party hereto toto be, and shall, shall be construed as as, an agreement independent of any other provision in this Acquisition Agreement, and the existence of any claim or cause of action of any Restricted Covenanting Stockholder against TMIIDG, whether predicated on this Acquisition Agreement or otherwise, shall not constitute a defense to the enforcement by TMI IDG of any covenant in this Article X. It is specifically agreed that the period specified in Section 10.01 shall be computed in the case of each Restricted Covenanting Stockholder by excluding from that computation any time during which that Restricted Covenanting Stockholder is in violation of any provision of Section 10.01. The covenants contained in this Article X shall not be affected by any breach of any other provision of this Agreement hereof by any party hereto.

Independent Covenant. All of the covenants in this Article X are intended by each party hereto toto be, and shall, shall be construed as as, an agreement independent of any other provision in this Merger Agreement, and the existence of any claim or cause of action of any Restricted Covenanting Stockholder against TMIIDG, whether predicated on this Merger Agreement or otherwise, shall not constitute a defense to the enforcement by TMI IDG of any covenant in this Article X. It is specifically agreed that the period specified in Section 10.01 shall be computed in the case of each Restricted Covenanting Stockholder by excluding from that computation any time during which that Restricted Covenanting Stockholder is in violation of any provision of Section 10.01. The covenants contained in this Article X shall not be affected by any breach of any other provision of this Agreement hereof by any party hereto.

Independent Covenant. All the covenants in this Article X are intended by each party hereto Party to, and 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 any Restricted the Stockholder against TMIPurchaser, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by TMI Purchaser of any covenant in this Article X. It is specifically agreed that the period specified in Section 10.01 10.1 shall be computed in the case of the Stockholder and each Restricted MTM Stockholder by excluding from that computation any time during which that Restricted the Stockholder or such MTM Stockholder is in violation of any provision of Section 10.0110.1. The covenants contained in this Article X shall not be affected by any breach of any other provision of this Agreement by any party heretoParty.

Independent Covenant. All the covenants in this Article X are intended by each party hereto Party to, and 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 any Restricted Stockholder against TMIPurchaser, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by TMI Purchaser of any covenant in this Article X. It is specifically agreed that the period specified in Section 10.01 shall be computed in the case of each Restricted Stockholder by excluding from that computation any time during which that the Restricted Stockholder is in violation of any provision of Section 10.01. The covenants contained in this Article X shall not be affected by any breach of any other provision of this Agreement by any party heretoParty.

Independent Covenant. All of the covenants in this Article X are intended by each party hereto toto be, and shall, shall be construed as as, an agreement independent of any other provision in this Acquisition Agreement, and the existence of any claim or cause of action of any Restricted Selling Stockholder against TMIIDG, whether predicated on this Acquisition Agreement or otherwise, shall not constitute a defense to the enforcement by TMI IDG of any covenant in this Article X. It is specifically agreed that the period specified in Section 10.01 shall be computed in the case of each Restricted Selling Stockholder by excluding from that computation any time during which that Restricted Selling Stockholder is in violation of any provision of Section 10.01. The covenants contained in this Article X shall not be affected by any breach of any other provision of this Agreement hereof by any party hereto.