Common use of Independent Enforcement Clause in Contracts

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.

Appears in 3 contracts

Samples: Severance And (Aaron's Company, Inc.), Severance And (Aaron's Company, Inc.), Form of Severance and Change in Control Agreement (Aaron's Inc)

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Independent Enforcement. Each of the The covenants set forth in Section 5.1 above Sections 2 – 6 of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveSections 2 – 6 of this Agreement. The Company shall not be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above Sections 2 – 6 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Connecture Inc), Employment Agreement (Connecture Inc)

Independent Enforcement. Each of the covenants set forth in this Section 5.1 above 7 of this Agreement shall be construed as an agreement independent of (ai) each of the other covenants set forth in Section 5.17, (bii) any other agreements, or (ciii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 7 above. The Company shall not be barred from enforcing any of the covenants set forth in Section 5.1 7 above by reason of any breach of (iy) any other part of this Agreement, or (iiz) any other agreement with ExecutiveYou.

Appears in 2 contracts

Samples: Release Agreement (Internap Corp), Release Agreement (Internap Corp)

Independent Enforcement. Each of the The covenants set forth in Section 5.1 above Sections 2 – 5 of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveSections 2 – 5 of this Agreement. The Company shall not be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above Sections 2 – 5 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Agreement (Connecture Inc)

Independent Enforcement. Each of the covenants set forth in Section 5.1 above Sections 2 – 7 of this Agreement shall be construed as an agreement independent of (ai) each of the other covenants set forth in Section 5.1Sections 2 – 7, (bii) any other agreements, or (ciii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveSections 2 – 7 of this Agreement. The Company shall not be barred from enforcing any of the covenants set forth in Section 5.1 above Sections 2 – 7 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Covenants Agreement (ECPM Holdings, LLC)

Independent Enforcement. Each of the The covenants set forth in Section 5.1 above shall 6(D) of this Agreement will be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Companyany Company Party, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive You or the any Company Party may have against the other, shall will not constitute a defense to the enforcement by the any Company of any Party of the covenants set forth in Section 5.1 above6(D) of this Agreement. The No Company shall not Party will be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above 6(D) of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Executive Employment Agreement (Priority Technology Holdings, Inc.)

Independent Enforcement. Each of the The covenants set forth in Section 5.1 above Sections 2 – 4 of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveSections 2 – 4 of this Agreement. The Company shall not be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above Sections 2 – 4 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Agreement (Vonage Holdings Corp)

Independent Enforcement. Each of the covenants set forth in Section 5.1 above Sections 2 through 6 of this Agreement shall be construed as an agreement independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveSections 2 through 6 of this Agreement. The Company shall not be barred from enforcing any of the covenants set forth in Section 5.1 above Sections 2 through 6 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Covenants Agreement Consultants

Independent Enforcement. Each of the The covenants set forth in Section 5.1 above 6(f) of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the CompanyCompany or any other member of the Group, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 above6(f) of this Agreement. The Company shall not be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above 6(f) of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Executive Employment Agreement (Soho House & Co Inc.)

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Independent Enforcement. Each of the The covenants set forth in Section 5.1 above 6.D. of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 above6.D. of this Agreement. The Company shall not be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above 6.D. of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Agreement (Lodgian Inc)

Independent Enforcement. Each of the The covenants set forth in Section 5.1 above Sections 2 - 9 of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveSections 2 - 9 of this Agreement. The Company shall not be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above Sections 2 - 9 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Covenants Agreement (Vonage Holdings Corp)

Independent Enforcement. Each of the The covenants set forth in Section 5.1 above 7.D. of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 above7.D. of this Agreement. The Company shall not be barred from enforcing any of the restrictive covenants set forth in Section 5.1 above 7.D. of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Agreement (Lodgian Inc)

Independent Enforcement. Each of the The covenants set forth in Section 5.1 above B(2) of this Agreement shall be construed as an agreement agreements independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveB(2) of this Agreement. The Company shall not be barred from enforcing any of seeking to enforce the restrictive covenants set forth in Section 5.1 above B(2) of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Letter Agreement (BWAY Holding CO)

Independent Enforcement. Each of the covenants set forth in Section 5.1 above Sections 2 through 5 of this Agreement shall be construed as an agreement independent of (a) each of the other covenants set forth in Section 5.1, (bi) any other agreements, or (cii) any other provision in this Agreement, and the existence of any claim or cause of action by Executive You against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive 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 Section 5.1 aboveSections 2 through 5 of this Agreement. The Company shall not be barred from enforcing any of the covenants set forth in Section 5.1 above Sections 2 through 5 of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.

Appears in 1 contract

Samples: Employment Covenants Agreement

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