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 Change in Control Agreement (Aaron's Company, Inc.), Severance and Change in Control Agreement (Aaron's Company, Inc.), Severance and Change in Control Agreement (Aaron's 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 this Section 5.1 above 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, or (iii) any other covenant set forth in this Section, and the existence of any claim or cause of action by Executive Xx. Xxxxx against the Company, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive Xx. Xxxxx 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 abovethis Section. The Company shall not be barred from enforcing any of the restrictive covenants set forth in this Section 5.1 above by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveXx. Xxxxx.
Appears in 1 contract
Samples: Separation and Release Agreement (Witness Systems Inc)
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
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 CompanyCompany Group, whether predicated on this Agreement or otherwise, regardless of who was at fault and regardless of any claims that either Executive or the Company Group may have against the other, shall not constitute a defense to the enforcement by the Company Group of any of the covenants set forth in Section 5.1 above. The Company Group 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 1 contract
Samples: Severance and Change in Control Agreement (PROG Holdings, Inc.)
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
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.)
Independent Enforcement. Each of the covenants set forth in Section 5.1 8 above shall will be construed as an agreement independent of (a) each of the other covenants set forth in Section 5.18, (b) any other agreements, or (c) 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 will not constitute a defense to the enforcement by the Company of any of the covenants set forth in Section 5.1 8 above. The Company shall will not be barred from enforcing any of the covenants set forth in Section 5.1 8 above by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with ExecutiveYou.
Appears in 1 contract