Independent Enforcement. Each of the covenants set forth in Section 5.1 above shall be construed as an agreement independent of (a) each of the other covenants set forth in Section 5.1, (b) any other agreements, or (c) any other provision in this Agreement, and the existence of any claim or cause of action by Executive against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive or the Company may have against the other, shall not constitute a defense to the enforcement by the Company of any of the covenants set forth in Section 5.1 above. The Company shall not be barred from enforcing any of the covenants set forth in Section 5.1 above by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with Executive.
Independent Enforcement. If one party shall not wish to join or continue in any such action, but the other party shall wish to institute or continue such action, said one party shall render all reasonable assistance to the other party in connection therewith at said other party’s expense and said other party shall be entitled to retain all recoveries with respect to such action.
Independent Enforcement. The covenants set forth in this Section 4 shall be construed as agreements independent of (i) any other agreements, or (ii) any other provision in this Agreement, and the existence of any claim or cause of action by You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either You or the Company may have against the other, shall not constitute a defense to the enforcement by the Company of the covenants set forth in this Section 4. The Company shall not be barred from enforcing the restrictive covenants set forth in this Section 4 by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with You.
Independent Enforcement. Employee agrees that the Restrictive Covenants shall be enforced independently of any other obligations between the Company, on the one hand, and Employee, on the other, and that the existence of any other claim or defense shall not affect the enforceability of the Restrictive Covenants or the remedies provided herein. The Restrictive Covenants shall be in addition to and shall not replace any other restrictive covenant agreement that Employee may currently have (or hereafter enter into) with the Company or any of its Affiliates.
Independent Enforcement. The covenants set forth in Section 9 of this Agreement shall be construed as agreements independent of (i) any other agreements, or (ii) any other provision in this Agreement, and the existence of any claim or cause of action by You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either You or the Company may have against the other, shall not constitute a defense to the enforcement by the Company of the covenants set forth in Section 9 of this Agreement. The Company shall not be barred from enforcing the restrictive covenants set forth in Section 9 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with You.
Independent Enforcement. Executive agrees that the Restrictive Covenants shall be enforced independently of any other obligations between the Company, on the one hand, and the Executive, on the other, and that the existence of any other claim or defense shall not affect the enforceability of the Restrictive Covenants or the remedies provided herein. The Restrictive Covenants shall be in addition to and shall not replace any other restrictive covenant agreement that the Executive may currently have (or hereafter enter into) with the Company.
Independent Enforcement. Each of the covenants set forth in Sections 2 – 6 of this Agreement shall be construed as an agreement independent of (i) each of the other covenants set forth in Sections 2 – 6, (ii) any other agreements, or (iii) any other provision in this Agreement, and the existence of any claim or cause of action by You against Internap, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either You or Internap may have against the other, shall not constitute a defense to the enforcement by Internap of any of the covenants set forth in Sections 2 – 6 of this Agreement. Internap shall not be barred from enforcing any of the covenants set forth in Sections 2 – 6 of this Agreement by reason of any breach of (i) any other covenant set forth in Sections 2 – 6 of this Agreement, (ii) any other part of this Agreement, or (iii) any other agreement with You.
Independent Enforcement. Each of the covenants set forth in Sections 7(e)(ii) through 7(e)(v) of this Agreement shall be construed as an agreement independent of (a) each of the other covenants set forth in Sections 7(e)(ii) through 7(e)(v), (b) any other agreements, or (c) any other provision in this Agreement, and the existence of any claim or cause of action by You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either You or the Company may have against the other, shall not constitute a defense to the enforcement by the Company of any of the covenants set forth in Sections 7(e)(ii) through 7(e)(v) of this Agreement. The Company shall not be barred from enforcing any of the covenants set forth in Sections 7(e)(ii) through 7(e)(v) of this Agreement by reason of any breach of (a) any other covenant set forth in Sections 7(e)(ii) through 7(e)(v) of this Agreement, (b) any other part of this Agreement, or (c) any other agreement with You.
Independent Enforcement. Each of the covenants set forth in Section 8 above will be construed as an agreement independent of (a) each of the other covenants set forth in Section 8, (b) any other agreements, or (c) any other provision in this Agreement, and the existence of any claim or cause of action by You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either You or the Company may have against the other, will not constitute a defense to the enforcement by the Company of any of the covenants set forth in Section 8 above. The Company will not be barred from enforcing any of the covenants set forth in Section 8 above by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with You.
Independent Enforcement. Each of the covenants set forth in Section 6 above shall be construed as an agreement independent of (a) each of the other covenants set forth in Section 6, (b) any other agreements, or (c) any other provision in this Agreement, and the existence of any claim or cause of action by Executive against the Company or any Aaron’s Business Party, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive, the Company, or any of the Aaron’s Business Parties may have against the other, shall not constitute a defense to the enforcement by the Company or any Aaron’s Business Party of any of the covenants set forth in Section 6 above. Neither the Company nor any Aaron’s Business Party shall be barred from enforcing any of the covenants set forth in Section 6 above by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with Executive. For the avoidance of doubt, Executive’s covenants set forth in Section 6 above are made separately to the Company and to the Aaron’s Business Parties as they relate to such aspects of the Business as conducted by such Party; accordingly, each of the Company and the Aaron’s Business Parties shall be entitled to enforce the covenants set forth in Section 6 inasmuch as it pertains to those aspects of the Business as conducted by such Party.
