Independent Agreements. The covenants set forth in Section 9.3 above shall be construed as an agreement independent of any other provision contained in this Agreement, and the existence of any claim or cause of action, whether predicated upon this Agreement or otherwise, against the Company or any of its Affiliates shall not constitute a defense to the enforcement by the Company or any of its Affiliates of any of such covenants. The Executive acknowledges that the Company has fully performed all obligations entitling it to the benefit of the covenants set forth in Section 9.3 above, and that such covenants, therefore, are not executory or otherwise subject to rejection under the Bankruptcy Code of 1978.
Independent Agreements. The parties hereto agree that the foregoing restrictive covenants set forth herein are essential elements of this Agreement, and that, but for the agreement of Employee to comply with such covenants, Employer would not have agreed to enter into this Agreement. Such covenants by Employee shall be construed as agreements independent of any other provision in this Agreement. The existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement, or otherwise, shall not constitute a defense to the enforcement by Employer of such covenants.
Independent Agreements. The restrictive covenants set forth in Section 8.1 above (collectively, the “Restrictive Covenants”) shall be construed as agreements independent of any other provision contained in this Agreement, and the existence of any claim or cause of action, whether predicated upon this Agreement or otherwise, against the Company or any of its Affiliates shall not constitute a defense to the enforcement by the Company or any of its Affiliates of any of the Restrictive Covenants. The Executive acknowledges that the Company has fully performed all obligations entitling it to the benefits of the Restrictive Covenants, and that the Restrictive Covenants, therefore, are not executory or otherwise subject to rejection under the Bankruptcy Code of 1978.
Independent Agreements. The parties hereto agree that the foregoing restrictive covenants set forth herein are essential elements of this Agreement, and that, but for the agreement of Employee to comply with such covenants, Employer would not have agreed to enter into this Agreement. Such covenants by Employee shall be construed as agreements independent of any other provision in this Agreement. The existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement, or otherwise, shall not constitute a defense to the enforcement by Employer of such covenants. Notwithstanding the foregoing, Employee’s non-competition restrictions under this Agreement shall be void ab initio to the extent that the Severance Benefits are owed to Employee pursuant to Section 8 above and are not actually paid to Employee at the time scheduled for payment thereof in accordance with this Agreement (subject to Employer’s right to cure any non-payment within sixty (60) days following Employee’s written notice of non-payment to the Board or, if Employer disputes in good faith Employee’s rights to the Severance Benefits, within sixty (60) days following the final resolution of such dispute).
Independent Agreements. (a) Subject to clause 12(c), bona fide commercial arrangements between a Player or an Associate of a Player and:
Independent Agreements. The provisions contained in Sections ---------------------- 9.1 through 9.9 and 9.11 through 9.13 constitute independent obligations and agreements of the Agent and the Lenders, and the Borrowers shall not be deemed parties thereto or bound thereby or entitled to any benefit thereunder. The Borrowers acknowledge the rights of the Lenders and the Agent under Section 9.10.
Independent Agreements. (a) Landlord acknowledges that this is one of four commercial leases made and entered into this date by Landlord and Tenant, and agrees that each Lease is a separate and independent agreement, and that the provisions of each lease may be exercised by Tenant, including specifically its option to renew, independently and without regard to the exercise of the provisions in any other lease. Further, Landlord agrees that the default of Tenant as to the terms and conditions of one lease, shall in no way affect Tenant's rights to exercise or not exercise its options pursuant to those other leases executed between the parties, for which it is not in default.
Independent Agreements. This Insurance Agreement and each Policy are separate and independent agreements. No breach by any party hereto of any representation, warranty, covenant, agreement or undertaking contained herein shall in any way affect the obligations of the Policy Provider under either Policy.
Independent Agreements. Each of the covenants and agreements of Executive contained in this Section 9 shall be construed as independent of any other provision of this Agreement and independent of each other and given for valuable independent consideration, and the existence of any defense, claim or cause of action against ESCO, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by ESCO of each such independent covenant and agreement.
Independent Agreements. The Time Share Lessees are listed in a single document for the sole purpose of convenience of the Operator. This Agreement shall be deemed a separate Time Sharing Agreement as between Operator and each Time Share Lessee. Without limiting the preceding sentence:
