Common use of Nature of Restrictive Covenants; Enforcement Clause in Contracts

Nature of Restrictive Covenants; Enforcement. a. For purposes of enforcement, the restrictive covenants contained in this schedule are independent of any other provision of this Exhibit. As a result, the existence of any claim or right of set-off that the Executive may have or allege against the Company, whether based on this Exhibit or otherwise, shall not prevent the enforcement of the covenants or be deemed to mitigate any harm suffered by the Company. Notwithstanding the above, Executive shall be released from the Noncompete Period and the Nonsolicitation Period post-termination of employment if the Company fails to pay Executive all material amounts due under Paragraph 5(b) or 5(f) of the Employment Agreement, as and if applicable, following notice to the Company and reasonable opportunity to cure.

Nature of Restrictive Covenants; Enforcement. a. For purposes of enforcement, the restrictive covenants contained in this schedule are independent of any other provision of this Exhibit. As a result, the existence of any claim or right of set-off that the Executive may have or allege against the Company, whether based on this Exhibit or otherwise, shall not prevent the enforcement of the covenants or be deemed to mitigate any harm suffered by the Company. Notwithstanding the above, Executive shall be released from the Noncompete Period and the Nonsolicitation Period post-termination of employment if the Company fails to pay Executive all material amounts due under Paragraph 5(b) or 5(f) Error! Reference source not found. of the Employment Agreement, as and if applicable, following notice to the Company and reasonable opportunity to cure.