SCOPE; REASONABLENESS Sample Clauses

SCOPE; REASONABLENESS. Each of the foregoing covenants on the part of the Principal Holder 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 the Principal Holder against Abana or JMED, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by JMED of any of such covenants. The Principal Holder acknowledges that (i) the restrictions set forth in this Article 2 are reasonable in scope and geographical territory, and are essential to protecting JMED's legitimate interests, (ii) but for the provisions set forth herein, JMED would not enter into the Reorganization Agreement, and (iii) enforcement of this Agreement will not preclude the Principal Holder from becoming gainfully employed in such a manner and to such extent as to provide a standard of living for himself, the members of the Principal Holder's family and those dependent on the Principal Holder of at least the sort and fashion to which the Principal Holder and they have become accustomed.