Common use of PERFORMANCE BY EXECUTIVE Clause in Contracts

PERFORMANCE BY EXECUTIVE. Nothing contained herein shall operate as a waiver or an election of remedies by Company should Executive fail to perform any duty or obligation imposed upon her hereunder. Notwithstanding anything contained herein to the contrary, this Agreement and the duties and obligations of Executive hereunder shall continue in full force and effect irrespective of any violation of any term or provision of this Agreement by Executive.

PERFORMANCE BY EXECUTIVE. Nothing contained herein shall operate as a waiver or an election of remedies by Company should Executive fail to perform any duty or obligation imposed upon her him hereunder. Notwithstanding anything contained herein to the contrary, this Agreement and the duties and obligations of Executive hereunder shall continue in full force and effect irrespective of any violation of any term or provision of this Agreement by Executive.