A more thorough explanation:

An independent covenant is a type of covenant that imposes a duty that does not depend on the other party's prior performance. This means that the party who is obligated to perform the covenant must do so regardless of whether the other party has fulfilled their obligations. For example, if a landlord covenants to make repairs to a rental property, this is an independent covenant, and the tenant is not required to fulfill any obligations before the landlord makes the repairs.

One example of an independent covenant is a covenant not to sue. This is a promise by the creditor not to sue either permanently or for a limited period. If the creditor sues despite their promise not to, the debtor has a counterclaim for damages for breach of the creditor's covenant not to sue which is equal to and cancels the original claim.

Another example of an independent covenant is a covenant of seisin. This is a covenant, usually appearing in a warranty deed, stating that the grantor has an estate, or the right to convey an estate, of the quality and size that the grantor purports to convey. For the covenant to be valid, the grantor must have both title and possession at the time of the grant.