Common use of Independent Enforcement Clause in Contracts

Independent Enforcement. The covenants set forth in Section 7.D. 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 7.D. of this Agreement. The Company shall not be barred from enforcing the restrictive covenants set forth in Section 7.D. of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with You.

Appears in 1 contract

Samples: Executive Employment Agreement (Lodgian Inc)

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Independent Enforcement. The covenants set forth in Section 7.D. Sections 2 - 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 7.D. Sections 2 - 9 of this Agreement. The Company shall not be barred from enforcing the restrictive covenants set forth in Section 7.D. 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 You.

Appears in 1 contract

Samples: Employment Agreement (Vonage Holdings Corp)

Independent Enforcement. The covenants set forth in Section 7.D. Sections 2 – 5 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 7.D. Sections 2 – 5 of this Agreement. The Company shall not be barred from enforcing the restrictive covenants set forth in Section 7.D. 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 You.

Appears in 1 contract

Samples: Employment Agreement (Connecture Inc)

Independent Enforcement. The covenants set forth in Section 7.D. B(2) 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 7.D. B(2) of this Agreement. The Company shall not be barred from enforcing seeking to enforce the restrictive covenants set forth in Section 7.D. B(2) of this Agreement by reason of any breach of (i) any other part of this Agreement, or (ii) any other agreement with You.

Appears in 1 contract

Samples: Separation and Release Agreement (BWAY Holding CO)

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Independent Enforcement. The covenants set forth in Section 7.D. Sections 2 – 4 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 7.D. Sections 2 – 4 of this Agreement. The Company shall not be barred from enforcing the restrictive covenants set forth in Section 7.D. 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 You.

Appears in 1 contract

Samples: Employment Agreement (Vonage Holdings Corp)

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