Common use of Essential Element Clause in Contracts

Essential Element. It is understood by and between the parties hereto that the foregoing restrictive covenants set forth in Sections 11, 12(a), 12(b) and 13 are essential elements of this Agreement, and that but for the agreement of the Employee to comply with such covenants, the Employer would not have agreed to enter into this Agreement. Notwithstanding anything to the contrary in this Agreement, the terms and provisions of Sections 12(a), 12 (b) and 13 of this Agreement, together with any definitions used in such terms and provisions, shall survive the termination or expiration of this Agreement. The existence of any claim or cause of action of the Employee against the Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Employer of such covenants.

Appears in 2 contracts

Samples: Employment Agreement (Belmac Corp /Fl/), Employment Agreement (Belmac Corp /Fl/)

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Essential Element. It is understood by and between the parties hereto that the foregoing restrictive covenants set forth in Sections 10, 11, 12(a)12, 12(band 13(a) and 13 14 are essential elements of this Agreement, and that but for the agreement Agreement of the Employee to comply with such covenants, the Employer would not have agreed to enter entered into this Agreement. Notwithstanding anything to the contrary in this Agreement, the terms and provisions of Sections 12(a)11, 12 (band 12, 13(a) and 13 14 of this Agreement, together with any definitions used in such terms and provisions, shall survive the termination or expiration of this Agreement. The existence of any claim or cause of action of the Employee against the Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Employer of such covenants.

Appears in 2 contracts

Samples: Employment Agreement (Bentley Pharmaceuticals Inc), Employment Agreement (Bentley Pharmaceuticals Inc)

Essential Element. It is understood by and between the parties hereto that the foregoing restrictive covenants set forth in Sections 1110, 12(a11 (a), 12(b11 (b) and 13 12 are essential elements of this Agreement, and that but for the agreement of the Employee to comply with such covenants, the Employer would not have agreed to enter into this Agreement. Notwithstanding anything to the contrary in this Agreement, the terms and provisions of Sections 12(a11 (a), 12 11 (b) and 13 12 of this Agreement, together with any definitions used in such terms and provisions, shall survive the termination or expiration of this Agreement. The existence of any claim or cause of action of the Employee against the Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Employer of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Bentley Pharmaceuticals Inc)

Essential Element. It is understood by and between the parties hereto that the foregoing restrictive covenants set forth in Sections 10, 11, 12(a)12, 12(b13(a) and 13 14 are essential elements of this Agreement, and that but for the agreement Agreement of the Employee to comply with such covenants, the Employer would not have agreed to enter entered into this Agreement. Notwithstanding anything to the contrary in this Agreement, the terms and provisions of Sections 12(a)11, 12 (b12, 13(a) and 13 14 of this Agreement, together with any definitions used in such terms and provisions, shall survive the termination or expiration of this Agreement. The existence of any claim or cause of action of the Employee against the Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Employer of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Bentley Pharmaceuticals Inc)

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Essential Element. It is understood by and between bet- ween the parties hereto that the foregoing restrictive covenants set forth in Sections 11, 12(a), 12(b12 (b) and 13 are essential elements of this Agreement, and that but for the agreement of the Employee to comply with such covenants, the Employer would not have agreed to enter into this Agreement. Notwithstanding anything to the contrary in this Agreement, the terms and provisions of Sections 12(a), 12 (b) and 13 of this Agreement, together with any definitions used in such terms and provisions, shall survive the termination or expiration of this Agreement. The existence of any claim or cause of action of the Employee against the Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Employer of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Belmac Corp /Fl/)

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