Common use of Amendment, Miscellaneous Clause in Contracts

Amendment, Miscellaneous. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Executive and Holdings. No waiver by any Party hereto at any time of any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreement or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by any Party which is not expressly set forth in this Agreement.

Appears in 2 contracts

Sources: Employment Agreement (New York & Company, Inc.), Employment Agreement (New York & Company, Inc.)