Common use of Amendments; Extension; Waiver Clause in Contracts

Amendments; Extension; Waiver. Subject to compliance with applicable law this Agreement may be amended, altered or modified by written instrument executed by E*TRADE and each of the parties to this Agreement without any requirement that the shareholders of any party approve any amendment that does not materially decrease the consideration provided by this Agreement to the shareholders. However, the Company may waive in writing the performance by Parent of any of its representations, warranties, covenants or other agreements and that Parent may waive in writing the performance by the Company of any of its representations, warranties covenants or other agreements.