Common use of Independence of Covenants and Representations and Warranties Clause in Contracts

Independence of Covenants and Representations and Warranties. All covenants hereunder and under the Asset Purchase Agreement shall be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties under the Asset Purchase Agreement shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of or a breach of a representation and warranty hereunder.

Independence of Covenants and Representations and Warranties. All covenants hereunder and under the Asset Purchase Agreement shall will be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall will not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, except as otherwise provided for herein, all representations and warranties under the Asset Purchase Agreement shall hereunder will be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of or a breach of a representation and warranty hereunder.