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 Stockholder against Apple, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Apple 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 Stockholder by excluding from that computation any time during which that 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 hereof by any party hereto.

Appears in 16 contracts

Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc), Merger Agreement (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc)

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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 Stockholder against AppleWORK, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Apple WORK 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 Stockholder by excluding from that computation any time during which that 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 hereof of this Agreement by any party heretoParty.

Appears in 14 contracts

Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp)

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 Stockholder Owner against Apple, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Apple 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 Stockholder the Owner by excluding from that computation any time during which that Stockholder the Owner 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 hereof by any party hereto.

Appears in 6 contracts

Samples: Contribution Agreement (Apple Orthodontix Inc), Contribution Agreement (Apple Orthodontix Inc), Contribution Agreement (Apple Orthodontix Inc)

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 Stockholder against AppleWORK, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Apple WORK 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 Stockholder by excluding from that computation any time during which that 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 hereof of this Agreement by any party heretoParty.

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp)

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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 Stockholder against AppleARS, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Apple ARS 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 Stockholder by excluding from that computation any time during which that 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 hereof by any party hereto.

Appears in 1 contract

Samples: Merger Agreement (Timmons Gorden H)

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