Common use of Amendment and Termination; Waiver Clause in Contracts

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance and federal securities laws).

Appears in 4 contracts

Sources: Nonqualified Stock Option Agreement (Bb&t Corp), Nonqualified Stock Option Agreement (Bb&t Corp), Nonqualified Stock Option Agreement (Bb&t Corp)

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance and federal securities laws).

Appears in 4 contracts

Sources: Restricted Stock Award Agreement (Targacept Inc), Nonqualified Stock Option Agreement (Targacept Inc), Nonqualified Stock Option Agreement (Targacept Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator Committee shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way not limited to Code Section 409A and 409A, Code Section 422, federal securities laws or related regulations or and other guidance and federal securities lawsguidance).

Appears in 4 contracts

Sources: Director Nonqualified Stock Option Agreement (Charles & Colvard LTD), Employee Incentive Stock Option Agreement (Charles & Colvard LTD), Independent Contractor Nonqualified Stock Option Agreement (Charles & Colvard LTD)

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law laws, rules or regulations or changes to applicable law laws, rules or regulations (including but in no way limited to Code Section 409A and related regulations or other guidance and federal securities laws).

Appears in 2 contracts

Sources: Stock Option Agreement (Rf Micro Devices Inc), Stock Option Agreement (Rf Micro Devices Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the this Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant the Participant's consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance and federal securities laws).

Appears in 2 contracts

Sources: Incentive Option Agreement (BigString CORP), Director Option Agreement (BigString CORP)

Amendment and Termination; Waiver. Subject to the terms of the Plan, --------------------------------- this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance 409A, Code Section 422 and federal securities laws).

Appears in 1 contract

Sources: Restricted Stock Award Agreement (Healthextras Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance and federal securities laws).

Appears in 1 contract

Sources: Restricted Stock Award Agreement (New York Community Bancorp Inc)

Amendment and Termination; Waiver. Subject to the terms of the --------------------------------- Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance 409A, Code Section 422 and federal securities laws).

Appears in 1 contract

Sources: Restricted Stock Award Agreement (New York Community Bancorp Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator Committee shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance and federal securities laws).

Appears in 1 contract

Sources: Restricted Stock Award Agreement (Charles & Colvard LTD)

Amendment and Termination; Waiver. Subject to the terms of the Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. The waiver by BB&T the Corporation of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding Notwith- standing the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Code Section 409A and related regulations or other guidance 409A, Code Section 422 and federal securities laws).

Appears in 1 contract

Sources: Restricted Stock Award Agreement (Healthextras Inc)