Material and Independent Covenant. Each Stockholder acknowledges that his, her or its agreements and the covenants set forth in this ARTICLE IX are material conditions to Quanta's and Newco's agreements to execute and deliver this Agreement and to consummate the transactions contemplated hereby and that Quanta and Newco would not have entered into this Agreement without such covenants. All of the covenants in this ARTICLE IX shall be construed as an agreement independent of any other provision in this Agreement.
Material and Independent Covenant. The Company Stockholders acknowledge that their agreements with the covenants set forth in this Article VII are material conditions to IES's agreement to execute and deliver this Agreement and to consummate the transactions contemplated hereby. All of the covenants in this Article VII 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 any Company Stockholder against IES or one of its subsidiaries, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by IES of such covenants. It is specifically agreed that the two-year period during which the agreements and covenants of each Company Stockholder made in this Article VII shall survive shall be computed by excluding from such computation any time during which such Company Stockholder is in violation of any provision of this Article VII. The covenants contained in this Article VII shall not be affected by any breach of any other provision hereof by any party hereto.
Material and Independent Covenant. 32 ARTICLE X
Material and Independent Covenant. The Owners acknowledge that their agreements with the covenants set forth in this ARTICLE 7 are material conditions to the Buyer's agreement to execute and deliver this Agreement and to consummate the transactions contemplated hereby. It is specifically agreed that the period during which the agreements and covenants of each Owner made in this ARTICLE 7 shall survive shall be computed by excluding from such computation any time during which such Owner is in violation of any provision of this ARTICLE 7.
Material and Independent Covenant. The Stockholders acknowledge that their agreements and the covenants set forth in this ARTICLE IX are material conditions to U.S. Concrete's and Newco's agreements to execute and deliver this Agreement and to consummate the transactions contemplated hereby and that U.S. Concrete and Newco would not have entered into this Agreement without such covenants. All of the covenants in this ARTICLE IX shall be construed as an agreement independent of any other provision in this Agreement. The existence of any claim or cause of action by any Stockholder against U.S. Concrete, whether predicated on this Agreement or otherwise, will not constitute a defense to the enforcement by U.S. Concrete of any of the covenants of this ARTICLE IX.
Material and Independent Covenant. 35 ARTICLE X NONDISCLOSURE OF CONFIDENTIAL INFORMATION................... 36
Material and Independent Covenant. The Stockholders acknowledge that their agreements and the covenants set forth in this ARTICLE IX are material conditions to U.S. Concrete's and Newco's agreements to execute and deliver this Agreement and to consummate the transactions contemplated hereby and that U.S. Concrete and Newco would not have entered into this Agreement without such covenants. All of the covenants in this ARTICLE IX shall be construed as an agreement independent of any other provision in this Agreement. The existence of any claim or cause of action by any Stockholder against U.S. Concrete, whether predicated on this Agreement or otherwise, will not constitute a defense to the enforcement by U.S. Concrete of any of the covenants of this ARTICLE IX. It is specifically agreed that the time period Section 9.01 specifies will be computed in the case of each Stockholder by excluding from that computation any time during which that Stockholder is in violation of any provision of Section 9.01. The covenants this ARTICLE IX contains will not be affected by any breach of any other provision hereof by any party hereto.
Material and Independent Covenant. 29 ARTICLE X NONDISCLOSURE OF CONFIDENTIAL INFORMATION
Material and Independent Covenant. The Shareholders acknowledge that their agreements with the covenants set forth in this Article X were material inducements and conditions to IHI's execution and delivery of this Agreement and to the consummation of the transactions contemplated hereby. All of the covenants in this Article X shall be construed as an agreement independent of any other provision in this Agreement.
Material and Independent Covenant. The Seller and the Selling Shareholders acknowledge that their agreements and the covenants set forth in this Article VII are material conditions to the Purchaser's agreements to execute and deliver this Agreement and to consummate the transactions contemplated hereby and that the Purchaser would not have entered into this Agreement without such covenants. All of the covenants in this Article VII shall be construed as an agreement independent of any other provision in this Agreement. The existence of any claim or cause of action by the Seller or any Selling Shareholder against the Purchaser, whether predicated on this Agreement or otherwise, will not constitute a defense to the enforcement by the Purchaser of any of the covenants of this Article VII. It is specifically agreed that the time period Section 7.1 specifies will be computed in the case of the Seller and each Selling Shareholder by excluding from that computation any time during which the Seller or that Selling Shareholder is in violation of any provision of Section 7.1. The covenants this Article VII contains will not be affected by any breach of any other provision hereof by any party hereto.
