Common use of Independent Covenant Clause in Contracts

Independent Covenant. The Stockholder acknowledges that his covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the Stockholder against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder made in this Section shall be effective, shall be computed by excluding from such computation any time during which the Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges Stockholders acknowledge that his their covenants set forth in this Section are material conditions to LandCARELandCare's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the any Stockholder against LandCARE LandCare or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE LandCare of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder Stockholders made in this Section shall be effective, shall be computed by excluding from such computation any time during which the any such Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges Stockholders acknowledge that his their covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the any Stockholder against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder Stockholders made in this Section shall be effective, shall be computed by excluding from such computation any time during which the any such Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges that his covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the Stockholder against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder made in this Section shall be effective, shall be computed by excluding from such computation any time during which the Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto. Not withstanding any other provision hereof, no action shall be initiated for breach of Section 7.1 after the date five years after the Closing Date.

Independent Covenant. The Stockholder acknowledges Stockholders acknowledge that his the covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the Stockholder Stockholders against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder Stockholders made in this Section shall be effective, shall be computed by excluding from such computation any time during which the Stockholder is Stockholders are in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges Stockholders acknowledge that his their covenants set forth in this Section 12 are material conditions to LandCARE's Metals' willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 12 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 the any Stockholder against LandCARE Metals or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE Metals of such covenants. It is specifically agreed that the period of five (5) years stated at the beginning of this SectionSection 12, during which the agreements and covenants of the each Stockholder made in this Section 12 shall be effective, shall be computed by excluding from such computation any time during which the such Stockholder is in violation of any provision of this SectionSection 12. The covenants contained in this Section 12 shall not be affected by any breach of any other provision hereof by any party heretohereto and shall have no effect if the transactions contemplated by this Agreement are not consummated.

Independent Covenant. The Stockholder acknowledges that his her covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the Stockholder against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder made in this Section shall be effective, shall be computed by excluding from such computation any time during which the Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges that his covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the Stockholder against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five two years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder made in this Section shall be effective, shall be computed by excluding from such computation any time during which the Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges that his the covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the Stockholder against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder made in this Section shall be effective, shall be computed by excluding from such computation any time during which the Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges Stockholders acknowledge that his their covenants set forth in this Section are material conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the Stockholder Stockholders against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder Stockholders made in this Section shall be effective, shall be computed by excluding from such computation any time during which the any Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.

Independent Covenant. The Stockholder acknowledges Stockholders acknowledge that his their covenants set forth in this Section are material conditions to LandCARE's Metals' willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the any Stockholder against LandCARE Metals or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE Metals of such covenants. It is specifically agreed that the period of five (5) years stated at the beginning of this Section, during which the agreements and covenants of the each Stockholder made in this Section shall be effective, shall be computed by excluding from such computation any time during which the such Stockholder is in violation of any provision of this Section. The covenants contained in this Section shall not be affected by any breach of any other provision hereof by any party heretohereto and shall have no effect if the transactions contemplated by this Agreement are not consummated.

Independent Covenant. The Stockholder Stephen W. Barley acknowledges that his covenants set forth in this Section are material Sexxxxx xxx xxxxxxxl conditions to LandCARE's willingness to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Section 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 the any Stockholder against LandCARE or any subsidiary thereof, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by LandCARE of such covenants. It is specifically agreed that the period of five years stated at the beginning of this Section, during which the agreements and covenants of the Stockholder made in this Section shall be effective, shall be computed by excluding from such computation any time during which the any such Stockholder is in violation of any provision of this Section. The covenants contained in Section shall not be affected by any breach of any other provision hereof by any party hereto.