Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1322 contracts

Sources: Indemnification Agreement (Newbridge Acquisition LTD), Indemnification Agreement (Thunderstone Acquisition Corp), Indemnification Agreement (Starry Sea Acquisition Corp)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1306 contracts

Sources: Employment Agreement (Silvaco Group, Inc.), Indemnification Agreement (Viper Energy, Inc.), Indemnification Agreement (Legence Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 370 contracts

Sources: Indemnification Agreement (Smithfield Foods Inc), Indemnification Agreement (Akoustis Technologies, Inc.), Director Retainer Agreement (King Resources, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 312 contracts

Sources: Executive Employment Agreement (Intrepid Potash, Inc.), Indemnification Agreement (Franklin Covey Co), Indemnification Agreement (Intrepid Potash, Inc.)

Modification and Waiver. No supplement, modification or amendment amendment, or waiver of any provision, of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver. No supplement, modification or amendment of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee prior to such supplement, modification or amendment.

Appears in 308 contracts

Sources: Indemnification Agreement (BridgeBio Oncology Therapeutics, Inc.), Indemnification Agreement (BridgeBio Oncology Therapeutics, Inc.), Indemnification Agreement (Entravision Communications Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) provision of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 288 contracts

Sources: Indemnification Agreement (Liberty Energy Inc.), Indemnification Agreement (Solaris Energy Infrastructure, Inc.), Indemnification Agreement (ProFrac Holding Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor nor, unless otherwise expressly stated, shall such waiver constitute a continuing waiver.

Appears in 282 contracts

Sources: Indemnification Agreement (Blue Owl Digital Infrastructure Trust), Indemnification Agreement (Sila Realty Trust, Inc.), Indemnification Agreement (Fortress Private Lending Fund)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be is binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall constitute constitutes a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such will any waiver constitute a continuing waiver.

Appears in 179 contracts

Sources: Indemnification Agreement (Spectral Ip, Inc.), Indemnification and Advancement Agreement (Core Natural Resources, Inc.), Indemnification Agreement (Spectral Ip, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 105 contracts

Sources: Indemnity Agreement (Ebay Inc), Indemnity Agreement (Selectis Health, Inc.), Indemnity Agreement (Sunshine Silver Mining & Refining Corp)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 86 contracts

Sources: Indemnification Agreement (First Advantage Corp), Indemnification Agreement (Ambiq Micro, Inc.), Indemnification Agreement (Tvardi Therapeutics, Inc.)

Modification and Waiver. No supplement, modification or amendment amendment, or waiver of any provision, of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 76 contracts

Sources: Indemnification Agreement (Houston American Energy Corp), Indemnification Agreement (Houston American Energy Corp), Indemnification Agreement (Avadel Pharmaceuticals PLC)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed it is in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 67 contracts

Sources: Indemnification Agreement (Bone Biologics Corp), Consulting Services Agreement (Motorsport Games Inc.), Indemnification Agreement (iBio, Inc.)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 66 contracts

Sources: Employment Agreement (NewLake Capital Partners, Inc.), Indemnification Agreement (NewLake Capital Partners, Inc.), Employment Agreement (NewLake Capital Partners, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall and except as expressly provided herein, no such waiver shall constitute a continuing waiver.

Appears in 57 contracts

Sources: Indemnity Agreement (Onto Innovation Inc.), Indemnity Agreement (Energous Corp), Indemnification Agreement (Aeluma, Inc.)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 51 contracts

Sources: Merger Agreement (Synergy CHC Corp.), Indemnification Agreement (Health in Tech, Inc.), Indemnification Agreement (Health in Tech, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to, or shall shall, constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 47 contracts

Sources: Indemnification Agreement (Service Properties Trust), Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Diversified Healthcare Trust)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 44 contracts

Sources: Governance Agreement, Indemnification Agreement (Eagle Bulk Shipping Inc.), Employment Agreement (MVB Financial Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver. The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms.

Appears in 43 contracts

Sources: Indemnification Agreement (OptiNose, Inc.), Indemnification Agreement (OptiNose, Inc.), Indemnification Agreement (Birkenstock Holding LTD)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other of the provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any provision of this Agreement shall be effective unless executed in writing.

Appears in 34 contracts

Sources: Indemnification Agreement (Legalzoom Com Inc), Indemnification Agreement, Employment Agreement (Chimerix Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 30 contracts

Sources: Indemnification Agreement (Acadian Asset Management Inc.), Indemnification Agreement (Inhibrx Biosciences, Inc.), Indemnification Agreement (BrightSphere Investment Group Inc.)

Modification and Waiver. No supplement, modification modification, waiver, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 25 contracts

Sources: Indemnification Agreement (Dorchester Capital Acquisition Corp.), Indemnification Agreement (BOISE CASCADE Co), Indemnification Agreement (Diversey Holdings, Ltd.)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver.

Appears in 25 contracts

Sources: Indemnification Agreement (Intercont (Cayman) LTD), Indemnification Agreement (Camp4 Therapeutics Corp), Indemnification Agreement (Creative Global Technology Holdings LTD)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 25 contracts

Sources: Indemnification Agreement (Harbin Electric, Inc), Indemnification Agreement (Harbin Electric, Inc), Indemnification Agreement (Harbin Electric, Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.;

Appears in 24 contracts

Sources: Indemnification Agreement (Talos Energy Inc.), Indemnification Agreement (Talos Energy Inc.), Indemnification Agreement (Talos Energy Inc.)

Modification and Waiver. No supplement, modification or amendment of ----------------------- this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 23 contracts

Sources: Indemnity Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD), Indemnification Agreement (Netvantage Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver wavier of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 23 contracts

Sources: Indemnification Agreement, Indemnification Agreement (TransMedics Group, Inc.), Indemnification Agreement (Cyclerion Therapeutics, Inc.)

Modification and Waiver. No supplement, modification modification, termination, or amendment of this Agreement shall will be binding unless executed in writing by both each of the parties heretoparties. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall will such waiver constitute a continuing waiver. This Agreement cannot be modified or amended, or any provision of this Agreement waived, by course of conduct.

Appears in 22 contracts

Sources: Indemnification Agreement (ROC Energy Acquisition Corp.), Indemnification Agreement (Berry Petroleum Corp), Indemnification Agreement (Berry Petroleum Corp)

Modification and Waiver. No supplement, modification modification, termination, amendment or amendment waiver of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver.

Appears in 20 contracts

Sources: Indemnity Agreement (CO2 Energy Transition Corp.), Indemnity Agreement (Collective Audience, Inc.), Indemnity Agreement (CO2 Energy Transition Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be is binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be valid unless executed in writing by the party entitled to enforce the provision to be waived and any such waiver will not be deemed or shall constitute constitutes a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such will any waiver constitute a continuing waiver.

Appears in 19 contracts

Sources: Indemnification and Advancement Agreement (FT Intermediate, Inc.), Indemnification Agreement (Dayforce, Inc.), Indemnification Agreement (Shoulder Innovations, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 18 contracts

Sources: Employment Agreement (EyePoint Pharmaceuticals, Inc.), Employment Agreement (pSivida Corp.), Indemnification & Liability (pSivida Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any provision of this Agreement shall be effective unless executed in writing.

Appears in 17 contracts

Sources: Indemnification Agreement (Cimarex Energy Co), Indemnification Agreement (Cimarex Energy Co), Indemnification Agreement (Cimarex Energy Co)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 17 contracts

Sources: Indemnification Agreement (Bloomios, Inc.), Indemnification Agreement (Bloomios, Inc.), Indemnification Agreement (Bloomios, Inc.)

Modification and Waiver. No supplement, amendment or modification of the terms or amendment provisions of this Agreement shall be binding unless executed the same shall be in writing and duly executed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provisions hereof (whether hereof. No delay on the part of any party in exercising any right, power or not similar) nor privilege hereunder shall such operate as a waiver constitute a continuing waiverthereof.

Appears in 17 contracts

Sources: Voting Agreement (Softbank Holdings Inc Et Al), Securities Purchase Agreement (Aasche Transportation Services Inc), Voting Agreement (Softbank Holdings Inc Et Al)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed it is in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not even if similar) nor shall such waiver constitute a continuing waiver.

Appears in 16 contracts

Sources: Indemnification Agreement (Akoya Biosciences, Inc.), Indemnification Agreement (Freightos LTD), Indemnification Agreement (ECP Environmental Growth Opportunities Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of to this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 16 contracts

Sources: Indemnification Agreement (Lionheart III Corp), Indemnification Agreement (Antares Pharma, Inc.), Indemnification Agreement (Orchids Paper Products CO /DE)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 15 contracts

Sources: Indemnification & Liability (Quipt Home Medical Corp.), Indemnification Agreement (Modern Mining Technology Corp.), Indemnification Agreement (Greenfire Resources Ltd.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by both all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 15 contracts

Sources: Indemnification Agreement (Forum Energy Technologies, Inc.), Director Indemnification Agreement (Susser Petroleum Partners LP), Director Indemnification Agreement (Susser Holdings CORP)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be is binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall to constitute a waiver of any other provisions hereof (whether or not similar) provision of this Agreement nor shall such will any waiver constitute a continuing waiver.

Appears in 15 contracts

Sources: Indemnification Agreement (MNTN, Inc.), Indemnification & Liability (Blaize Holdings, Inc.), Indemnification Agreement (ServiceTitan, Inc.)

Modification and Waiver. No supplement, supplement to or modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall will any such waiver constitute a continuing waiver.

Appears in 14 contracts

Sources: Indemnification Agreement (Us Concrete Inc), Indemnification Agreement (Yulong Eco-Materials LTD), Indemnification Agreement (Us Concrete Inc)

Modification and Waiver. No supplement, modification or ----------------------- amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 14 contracts

Sources: Indemnification Agreement (National Golf Properties Inc), Indemnification Agreement (Pfizer Inc), Indemnification Agreement (At Home Corp)

Modification and Waiver. No supplement, supplement to or modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall provision hereof will be deemed or shall will constitute a waiver of any other provisions hereof (provision hereof, whether or not similar) , nor shall will any such waiver constitute a continuing waiver.

Appears in 13 contracts

Sources: Indemnification Agreement (Oceaneering International Inc), Indemnification Agreement (Encore Energy Partners LP), Indemnification Agreement (K-Sea GP Holdings LP)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 13 contracts

Sources: Indemnification Agreement (Commercial Vehicle Group, Inc.), Indemnification Agreement (Integrated Circuit Systems Inc), Indemnification Agreement (Integrated Circuit Systems Inc)

Modification and Waiver. No supplement, modification or amendment of to this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 13 contracts

Sources: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Columbia Laboratories Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Sources: Indemnification Agreement (Central European Distribution Corp), Indemnification Agreement (Simon Worldwide Inc), Indemnification Agreement (Simon Worldwide Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a binding unless executed in writing by the person making the waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Sources: Indemnification Agreement (Integrated Electrical Services Inc), Indemnification Agreement (Friede Goldman International Inc), Indemnification Agreement (Lexicon Genetics Inc/Tx)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Sources: Indemnification Agreement (Seasons Series Trust), Indemnification Agreement (Seasons Series Trust), Indemnification Agreement (Sunamerica Series Trust)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed it is in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 12 contracts

Sources: Indemnity Agreement (Laureate Education, Inc.), Indemnification Agreement (Marchex Inc), Limited Partnership Agreement (Premier, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Sources: Indemnification Agreement (Bannix Acquisition Corp.), Indemnification Agreement (Ipsidy Inc.), Indemnification Agreement (Workhorse Group Inc.)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Sources: Indemnification Agreement (Hestia Insight Inc.), Executive Employment Agreement (Creek Road Miners, Inc.), Employment Agreement (Creek Road Miners, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall constitute, or be deemed or shall constitute to constitute, a waiver of any other provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 11 contracts

Sources: Indemnification Agreement (Luminex Corp), Indemnification Agreement (Luminex Corp), Indemnification Agreement (Amsurg Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such any waiver constitute a continuing waiver, unless expressly stated in any waiver.

Appears in 11 contracts

Sources: Indemnification & Liability (Fei Co), Indemnification Agreement (Fei Co), Indemnity Agreement (Precision Castparts Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Indemnification Agreement, Indemnification Agreement (Midcoast Energy Resources Inc), Indemnification & Liability (Midcoast Energy Resources Inc)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Director Indemnification Agreement (Opko Health, Inc.), Officer Indemnification Agreement (Opko Health, Inc.), Indemnification Agreement (ACA Capital Holdings Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof thereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Indemnification Agreement (Intelligent Protection Management Corp.), Indemnification Agreement (Welsbach Technology Metals Acquisition Corp.), Indemnification Agreement (Snap Interactive, Inc)

Modification and Waiver. No supplement, modification modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Indemnification Agreement (Netsource Communications Inc), Indemnification Agreement (Hall Kinion & Associates Inc), Indemnification Agreement (Geocities)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoParties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Indemnification Agreement (Athena Bitcoin Global), Indemnification Agreement (SBC Medical Group Holdings Inc), Indemnification Agreement (Athena Bitcoin Global)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Indemnification Agreement (Federal Home Loan Bank of San Francisco), Indemnification Agreement (Federal Home Loan Bank of San Francisco), Indemnification Agreement (Federal Home Loan Bank of San Francisco)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not nor similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Officer Indemnity Agreement (Hill-Rom Holdings, Inc.), Officer Indemnity Agreement (Hill-Rom Holdings, Inc.), Officer Indemnity Agreement (Hill-Rom Holdings, Inc.)

Modification and Waiver. No supplement, modification or amendment amendment, or waiver of any provision, of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 10 contracts

Sources: Indemnification Agreement (PSAV, Inc.), Indemnification Agreement (ESH Hospitality, Inc.), Indemnification Agreement (ESH Hospitality, Inc.)

Modification and Waiver. No supplement, modification or ----------------------- amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 9 contracts

Sources: Indemnity Agreement (Oni Systems Corp), Indemnification Agreement (Commerx Inc), Indemnification Agreement (Tsi International Software LTD)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such waiver constitute a continuing waiver.

Appears in 9 contracts

Sources: Indemnification Agreement (State Auto Financial CORP), Officer Indemnification Agreement (State Auto Financial CORP), Officer Indemnification Agreement (State Auto Financial CORP)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver wavier constitute a continuing waiver.

Appears in 9 contracts

Sources: Indemnification Agreement (Verisilicon Holdings Co LTD), Indemnification Agreement (New Home Co Inc.), Indemnification Agreement (New Home Co LLC)

Modification and Waiver. No supplement, modification or amendment of this the Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this the Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any of the provisions of the Agreement shall be effective unless in a writing signed by the party against whom enforcement of the waiver is sought.

Appears in 9 contracts

Sources: Indemnification Agreement (Simmons First National Corp), Indemnification Agreement (Simmons First National Corp), Indemnification Agreement (Simmons First National Corp)

Modification and Waiver. 13.1 No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 8 contracts

Sources: Independent Director Appointment Agreement (Star Fashion Culture Holdings LTD), Independent Director Appointment Agreement (Star Fashion Culture Holdings LTD), Indemnification Agreement (Fast Track Group)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 8 contracts

Sources: Indemnification Agreement (Party City Holdco Inc.), Indemnification Agreement (Southeastern Grocers, Inc.), Indemnification Agreement (Party City Holdco Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) shall be binding unless executed in writing by both the parties hereto nor shall such waiver constitute a continuing waiver.

Appears in 8 contracts

Sources: Consulting Agreement (Uranium Energy Corp), Consulting Agreement (Nexsan Corp), Consulting Agreement (Uranium Energy Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless it specifically states the intent of both parties hereto to supplement the terms herein and is executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 8 contracts

Sources: Indemnification Agreement (JFB Construction Holdings), Financial Advisory Services Agreement (Vocodia Holdings Corp), Indemnification Agreement (Syra Health Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver waiver, unless otherwise expressly stated, constitute a continuing waiver.

Appears in 8 contracts

Sources: Indemnification Agreement (EQT Private Equity Co LLC), Indemnification Agreement (EQT Infrastructure Co LLC), Indemnification Agreement (Millrose Properties, Inc.)

Modification and Waiver. This Agreement may be amended from time to time to reflect changes in applicable law or for other reasons. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 8 contracts

Sources: Indemnification Agreement (Artemis Therapeutics, Inc.), Indemnification Agreement (Artemis Therapeutics, Inc.), Indemnification & Liability (Pluristem Therapeutics Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties all Parties hereto. No waiver of any of the provisions provision of this Agreement shall constitute, or be deemed or shall constitute to constitute, a waiver of any other provisions hereof (whether or not similar) provision, nor shall such any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party granting the waiver.

Appears in 7 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (CRH Medical Corp), Membership Interest Purchase Agreement (CRH Medical Corp)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Sources: Indemnification Agreement (Federal Home Loan Bank of Dallas), Indemnification Agreement (Federal Home Loan Bank of Dallas), Indemnification Agreement (Federal Home Loan Bank of San Francisco)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Sources: Indemnification Agreement (Cempra, Inc.), Indemnification Agreement (Cempra, Inc.), Indemnification Agreement (Cempra, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 7 contracts

Sources: Indemnification Agreement (LTX-Credence Corp), Indemnification Agreement (Atlantic Tele Network Inc /De), Indemnification Agreement (American Science & Engineering, Inc.)

Modification and Waiver. No supplement, modification or amendment of to this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) provision of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 7 contracts

Sources: Indemnification Agreement (Issuer Direct Corp), Indemnification Agreement (Harbor Custom Development, Inc.), Indemnification Agreement (Issuer Direct Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of in this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such any waiver constitute a continuing waiver, unless expressly stated in any waiver.

Appears in 7 contracts

Sources: Indemnification Agreement (Northwest Natural Gas Co), Indemnification Agreement (Northwest Natural Gas Co), Indemnification Agreement (Lithia Motors Inc)

Modification and Waiver. No supplement, amendment or modification of the terms or amendment provisions of this Agreement shall be binding unless executed the same shall be in writing and duly executed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provisions hereof (whether provision hereof. No delay on the part of any party in exercising any right, power or not similar) nor privilege hereunder shall such operate as a waiver constitute a continuing waiverthereof.

Appears in 6 contracts

Sources: Stock Purchase Agreement (Innerworkings Inc), Stock Purchase Agreement (Softbank Holdings Inc Et Al), Stock Purchase Agreement (Webhire Inc)

Modification and Waiver. No supplement, modification modification, waiver or amendment termination of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties heretoto be bound thereby. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 6 contracts

Sources: Assignment of Membership Interest (Camber Energy, Inc.), Exchange Agreement (Westmoreland Resource Partners, LP), Exchange Agreement (WESTMORELAND COAL Co)

Modification and Waiver. No supplement, modification modification, termination or ----------------------- amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Employment Agreement (Entravision Communications Corp), Indemnification Agreement (Petopia Com Inc), Indemnification Agreement (Entravision Communications Corp)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Indemnification Agreement (Icad Inc), Indemnification Agreement (Gart Sports Co), Indemnification Agreement (Sports Authority Inc /De/)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall and except as expressly provided herein, no such waiver shall constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 6 contracts

Sources: Indemnification Agreement (Bakkt Holdings, Inc.), Indemnification Agreement (Intapp, Inc.), Employment Agreement (Qualtrics International Inc.)

Modification and Waiver. No supplement, supplement modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof thereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Indemnification Agreement (Global Technologies LTD), Indemnification Agreement (Eightco Holdings Inc.), Indemnification Agreement (Global Technologies LTD)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Indemnification Agreement (VirtualScopics, Inc.), Services Agreement (VirtualScopics, Inc.), Indemnification Agreement (VirtualScopics, Inc.)

Modification and Waiver. No supplement, modification or amendment ----------------------- of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Indemnification Agreement (Globenet Communications Group LTD), Indemnification Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD)

Modification and Waiver. No supplement, modification modification, termination ----------------------- or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Indemnification Agreement (Scient Corp), Indemnification Agreement (Chorum Technologies Inc), Indemnification Agreement (Pervasive Software Inc)

Modification and Waiver. No supplement, modification modification, waiver or amendment termination of this Agreement or any provisions hereof shall be binding unless executed in writing by both of the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or Assignment shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 6 contracts

Sources: Assignment and Consent Agreement (Gunther International LTD), Assignment and Consent Agreement (Gunther International LTD), Transfer and Assignment Agreement (Gunther International LTD)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall will such waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Indemnification Agreement (Novation Companies, Inc.), Indemnification Agreement (Novation Companies, Inc.), Indemnification Agreement (Aames Investment Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be is binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute constitutes a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 6 contracts

Sources: Indemnification Agreement (Fresh Del Monte Produce Inc), Indemnification Agreement (AtlasClear Holdings, Inc.), Indemnification Agreement (Chavant Capital Acquisition Corp.)

Modification and Waiver. No Except as contemplated by Section 3(c), no supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnity Agreement (ZAIS Group Holdings, Inc.), Indemnity Agreement (Young Innovations Inc), Indemnity Agreement (Sierracities Com Inc)

Modification and Waiver. No supplement, modification modification, waiver, cancellation or amendment of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnification Agreement (Arena Pharmaceuticals Inc), Indemnification Agreement (Arena Pharmaceuticals Inc), Indemnification Agreement (Arena Pharmaceuticals Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in a writing identified as such by both each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnification Agreement (Bellring Brands, Inc.), Indemnification Agreement (BellRing Distribution, LLC), Indemnification Agreement (Aveanna Healthcare Holdings, Inc.)

Modification and Waiver. No supplement, modification supplement or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a binding unless executed in writing by the person making the waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnification Agreement (Reinsurance Group of America Inc), Indemnification Agreement (Reinsurance Group of America Inc), Indemnification Agreement (Reinsurance Group of America Inc)

Modification and Waiver. No supplement, modification or amendment of this to the Agreement shall be binding unless executed in writing by both of the parties patties hereto. No waiver of any of the provisions of this the Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnification Agreement (Catalyst Biosciences, Inc.), Indemnification Agreement (Bio-Path Holdings Inc), Indemnification Agreement (LGI Homes, Inc.)

Modification and Waiver. No supplement, modification modification, waiver, or amendment of this Agreement or any provisions of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnification Agreement (IMH Financial Corp), Indemnification Agreement (IMH Financial Corp), Indemnification Agreement (IMH Financial Corp)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.constitute

Appears in 5 contracts

Sources: Indemnification Agreement (CBRE Acquisition Holdings, Inc.), Indemnification Agreement (Ameriprise Financial Inc), Indemnification Agreement (Rouse Properties, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor nor, unless otherwise expressly stated, shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnification Agreement (BlackRock Monticello Debt Real Estate Investment Trust), Indemnification Agreement (BlackRock Monticello Debt Real Estate Investment Trust), Indemnification Agreement (New Mountain Net Lease Trust)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Indemnification Agreement (Equant Nv), Indemnification Agreement (Equant Nv), Indemnification Agreement (Dynamicweb Enterprises Inc)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Indemnitor without Indemnitee’s prior written consent.

Appears in 5 contracts

Sources: Indemnification Agreement (Carlyle Secured Lending III), Indemnification Agreement (TCG BDC II, Inc.), Indemnification Agreement (NF Investment Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be implied by the conduct of the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Employment Agreement (United Rentals North America Inc), Employment Agreement (United Rentals North America Inc), Employment Agreement (United Rentals North America Inc)

Modification and Waiver. No supplement, modification or amendment ------------------------- of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) shall be binding unless executed in writing by both the parties hereto nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Sources: Consulting Agreement (Dermisonics, Inc), Consulting Agreement (Dermisonics, Inc), Consulting Agreement (Dermisonics, Inc)