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

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

Independent Agreements. TheCovenants as Essential Elements of this Agreement. It is understood by and between the parties hereto agree that the foregoing restrictive covenants set forth hereincontained in Sections 7(a) and (b) are essential elements of this Agreement, and that,that but for the agreement ofby the Employee to comply with such covenants, Employerthe Company would not have agreed to enter into this Agreement. Such covenants by the Employee shall be construed asto be agreements independent of any other provision inprovisions of this Agreement. The existence of any other claim or cause of action of Employee against Employer,action, whether predicated on any other provision in this Agreement, or otherwise, as a result of the relationship between the parties shall not constitute a defense to the enforcement by Employer of such covenants. Notwithstandingcovenants against the foregoing, Employee’s Employee.

Independent Agreements.Provisions Independent. 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 shallRestrictive Covenants will be construed as agreementsan agreement independent of any other agreement, including any employee benefit agreement, and independent of any other provision inof this Agreement. TheAgreement, and the existence of any claim or cause of action of Employeeyou bring against Employer,the Company or an Affiliate, whether predicated onupon this Agreement,Agreement or otherwise, shallwill not constitute a defense to the enforcement by Employerthe Company of such covenants. Notwithstanding the foregoing, Employee’s

Independent Agreements. The parties hereto agree that the foregoing restrictive covenants set forth hereincontained in this agreement are essential elements of this Agreement,given and that, but formade by you to induce the agreement of EmployeeEmployer to comply with such covenants, Employer would not have agreedemploy you and to enter into this Agreement. SuchAgreement with you, and you hereby acknowledge that employment with the Employer is valuable and sufficient consideration for these restrictive covenants. The restrictive covenants by Employee shall be construed as agreements independent of any other provision in this Agreement. TheAgreement, and the existence of any claim or cause of action of Employeeyou may have against Employer,the Employer or the Company, whether predicated onupon this Agreement,Agreement or otherwise, shall not constitute a defense to the enforcement of any restrictive covenant. The refusal or failure of the Employer or the Company to enforce any restrictive covenant of this agreement (or any similar agreement) against any other employee, agent, or independent contractor, for any reason, shall not constitute a defense to the enforcement by the Employer or the Company of any such covenants. Notwithstandingrestrictive covenant, nor shall it give rise to any claim or cause of action by you against the foregoing, Employee’s Employer or the Company.