Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. 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.

Appears in 38 contracts

Sources: Employment Agreement (Benefitfocus,Inc.), Employment Agreement (Benefitfocus,Inc.), Employment Agreement (Benefitfocus,Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyeach party. No waiver by any either 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.

Appears in 19 contracts

Sources: Merger Agreement (Bank First Corp), Merger Agreement (Colony Bankcorp Inc), Merger Agreement (First Bancshares Inc /MS/)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyCenterState. No waiver by any either 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.

Appears in 18 contracts

Sources: Merger Agreement (National Commerce Corp), Merger Agreement (CenterState Bank Corp), Merger Agreement (Charter Financial Corp)

Modification and Waiver. No provisions Except as otherwise specifically provided in this Agreement, 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 the Executive and the Companyparties. No waiver by any either party hereto at any time of any breach by the other party hereto to this Agreement 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 similar time.

Appears in 16 contracts

Sources: Key Executive Retention Agreement (Timberline Software Corporation), Change in Control Agreement (MTS Systems Corp), Change in Control Agreement (MTS Systems Corp)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. 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.

Appears in 14 contracts

Sources: Employment Agreement (Sadot Group Inc.), Change of Control Agreement (Superior Bancorp), Change of Control Agreement (Intercept Inc)

Modification and Waiver. No provisions of this Agreement may be ----------------------- modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. 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.

Appears in 12 contracts

Sources: Employment Agreement (Netzee Inc), Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Vesta Insurance Group Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waivermodification, modification waiver or discharge is agreed to in a writing and signed by the Executive you and the Companychair of the Board. No waiver by any party hereto to this Agreement at any time of any breach by the other another party hereto to this Agreement of, or of compliance with, any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 11 contracts

Sources: Change in Control Agreement (Vital Images Inc), Change in Control Agreement (Vital Images Inc), Change in Control Agreement (Vital Images Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by any either 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 agreements or representation, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement.

Appears in 11 contracts

Sources: Executive Employment Agreement (Ameris Bancorp), Executive Employment Agreement (Abc Bancorp), Executive Employment Agreement (Abc Bancorp)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any party hereto at any time of any breach by the other another 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.

Appears in 11 contracts

Sources: Employment Agreement (Datapath Inc), Employment Agreement (Datapath Inc), Employment Agreement (Datapath Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Compensation Committee of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 9 contracts

Sources: Executive Employment Agreement (Quality Industrial Corp.), Executive Employment Agreement (Quality Industrial Corp.), Executive Employment Agreement (Quality Industrial Corp.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the CompanyBoard. No waiver by any either 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.

Appears in 8 contracts

Sources: Employment Agreement (Jagged Peak, Inc.), Employment Agreement (Jagged Peak, Inc.), Employment Agreement (Drugmax Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such that waiver, modification or discharge is agreed to in writing by Executive and signed such officer as may be specifically designated by the Executive and Board of Directors of the Company. No waiver by any either 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 that other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 8 contracts

Sources: Employment Agreement (Gateway Energy Corp/Ne), Executive Employment Agreement (Western Sizzlin Corp), Employment Agreement (Gateway Energy Corp/Ne)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyFBMS. No waiver by any either 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.

Appears in 8 contracts

Sources: Merger Agreement (First Bancshares Inc /MS/), Merger Agreement (First Bancshares Inc /MS/), Merger Agreement (Southwest Georgia Financial Corp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyAmeris. No waiver by any either 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.

Appears in 8 contracts

Sources: Non Competition and Non Disclosure Agreement, Non Competition and Non Disclosure Agreement (Ameris Bancorp), Non Competition and Non Disclosure Agreement (Ameris Bancorp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 8 contracts

Sources: Interim Executive Employment Agreement (Benson Hill, Inc.), Executive Employment Agreement (Benson Hill, Inc.), Executive Employment Agreement (Benson Hill, Inc.)

Modification and Waiver. No provisions Except as otherwise specifically provided in this Agreement, 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 both the Executive Company and the CompanyExecutive. No waiver by any party hereto at any time by either party to this Agreement of any breach by the other party hereto of, or compliance failure to comply with, any condition or provision of this Agreement to be performed by such other party hereof shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent similar time.

Appears in 8 contracts

Sources: Severance Agreement (Cherokee International Corp), Severance Agreement (Cherokee International Corp), Severance Agreement (Cherokee International Corp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyboth parties hereto. No waiver by The failure of a party to insist upon strict adherence to any party hereto at any time of any breach by the other party hereto ofterm, or compliance with, any condition or other provision of this Agreement to shall not be performed by such other party shall be deemed considered a waiver or deprive that party of similar the right thereafter to insist upon strict adherence to that term or dissimilar provisions any other term, condition or conditions at the same or at any prior or subsequent timeother provision of this Agreement.

Appears in 7 contracts

Sources: Employment Agreement (Dit Ventures Inc), Employment Agreement (Media888 Inc), Employment Agreement (Media888 Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 6 contracts

Sources: Employment Agreement (Crexendo, Inc.), Employment Agreement (Crexendo, Inc.), Employment Agreement (Crexendo, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 6 contracts

Sources: Executive Employment Agreement (Venture Global, Inc.), Executive Employment Agreement (Venture Global, Inc.), Executive Employment Agreement (Venture Global, Inc.)

Modification and Waiver. No provisions Except as otherwise provided below, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the any other party hereto of, or of compliance with, any term or condition or provision of this Agreement to be performed by such any other party shall be deemed party, at any time, will constitute a waiver of similar or dissimilar provisions terms or conditions at the same that time or at any prior or subsequent time.

Appears in 6 contracts

Sources: Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Petroleum Corp)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such a waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. 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 timeparties hereto.

Appears in 6 contracts

Sources: Severance Agreement (Bandag Inc), Severance Agreement (Bandag Inc), Severance Agreement (Bandag Inc)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanySunLink. 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.

Appears in 6 contracts

Sources: Employment Agreement (Sunlink Health Systems Inc), Employment Agreement (Sunlink Health Systems Inc), Employment Agreement (Sunlink Health Systems Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 6 contracts

Sources: Employment Agreement (Erayak Power Solution Group Inc.), Employment Agreement (Erayak Power Solution Group Inc.), Employment Agreement (Erayak Power Solution Group Inc.)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyRegional. 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.

Appears in 6 contracts

Sources: Employment Agreement (Regional Health Properties, Inc), Agreement and Plan of Merger (Sunlink Health Systems Inc), Agreement and Plan of Merger (Regional Health Properties, Inc)

Modification and Waiver. No provisions provision of this Agreement may be modifiedamended, modified or waived or discharged unless except by a writing signed by an authorized representative of the party against whom such waiveramendment, modification or discharge waiver is agreed to in writing and signed by the Executive and the Companyasserted. No waiver by or any party hereto at failure or omission to enforce 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 or any claim or right arising hereunder shall be deemed to be a waiver of similar any other provision of this Agreement or dissimilar provisions any other claim or conditions at the same or at any prior or subsequent timeright arising hereunder.

Appears in 5 contracts

Sources: Lime Removal Agreement, Lime Removal Agreement, Lime Removal Agreement

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the CompanyParties. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 5 contracts

Sources: Employment Agreement (ESGL Holdings LTD), Employment Agreement (ESGL Holdings LTD), Employment Agreement (ESGL Holdings LTD)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Employee and such officer as may be specifically designated by the Executive and the CompanyBoard. No waiver by any either 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.

Appears in 5 contracts

Sources: Employment Agreement (Petroleum Development Corp), Employment Agreement (Petroleum Development Corp), Employment Agreement (Petroleum Development Corp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by Chairman of the Board of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 5 contracts

Sources: Employment Agreement (NeoVolta Inc.), Employment Agreement (NeoVolta Inc.), Employment Agreement (NeoVolta Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive Employee and by an executive officer of the CompanyCompany (other than the Employee) authorized by the Board in writing. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 5 contracts

Sources: Employment Agreement (GenesisAI Corp), Employment Agreement (Remembrance Group, Inc.), Employment Agreement (Remembrance Group, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Employee and such officer as may be specifically designated by the Executive and Board of Directors of the CompanyCorporation. No waiver by any either party hereto at any time of any breach by the other party hereto ofhereof, 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.

Appears in 4 contracts

Sources: Employment Agreement (Umh Properties, Inc.), Employment Agreement (Umh Properties, Inc.), Employment Agreement (Umh Properties, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modifiedamended, modified or waived or discharged unless such waiveramendment, modification or discharge is waiver shall be agreed to in writing and signed by the Executive Employee and by a person duly authorized by the CompanyBoard. No Any waiver by any either party hereto at any time of any breach by of any of the other party hereto of, or compliance with, any condition or provision terms of this Agreement to shall not be performed by such other party shall be deemed considered a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timebreach.

Appears in 4 contracts

Sources: Employment Agreement (Hennessy Advisors Inc), Employment Agreement (Hennessy Advisors Inc), Employment Agreement (Hennessy Advisors Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Chief Executive Officer of the Company. No waiver by any party hereto at any time either of the Parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions at the same or at any prior or subsequent timecondition.

Appears in 4 contracts

Sources: Employment Agreement (Dollar Tree, Inc.), Executive Agreement (Dollar Tree, Inc.), Executive Agreement

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the CompanyEmployer. No waiver by any either 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.

Appears in 4 contracts

Sources: Employment Agreement (Ameris Bancorp), Employment Agreement (Ameris Bancorp), Employment Agreement (Ameris Bancorp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyBFC. No waiver by any either 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.

Appears in 4 contracts

Sources: Merger Agreement (Bank First Corp), Merger Agreement (Bank First Corp), Merger Agreement (Bank First Corp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Lead Independent Director of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 4 contracts

Sources: Employment Agreement (Dragonfly Energy Holdings Corp.), Employment Agreement (Dragonfly Energy Holdings Corp.), Employment Agreement (Dragonfly Energy Holdings Corp.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the CompanyBoard. No waiver by any either 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.

Appears in 4 contracts

Sources: Employment Agreement (GeoPharma, Inc.), Employment Agreement (GeoPharma, Inc.), Employment Agreement (GeoPharma, Inc.)

Modification and Waiver. No provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in writing and signed by the Executive and the Company. 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.

Appears in 4 contracts

Sources: Employment Agreement (Intercept Inc), Employment Agreement (Intercept Group Inc), Employment Agreement (Intercept Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CEO of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 4 contracts

Sources: Employment Agreement (Cleanspark, Inc.), Employment Agreement (Cleanspark, Inc.), Employment Agreement (Cleanspark, Inc.)

Modification and Waiver. No provisions provision of this Agreement may shall be modified, waived or discharged unless such waiverthe modification, modification waiver or discharge is agreed to in writing and signed by the Executive Employee and the Companyby an authorized officer of Company (other than Employee) and Wats▇▇. No ▇▇ waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 3 contracts

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

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any either 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 will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 3 contracts

Sources: Severance Protection Agreement (Northfield Laboratories Inc /De/), Severance Protection Agreement (Northfield Laboratories Inc /De/), Severance Protection Agreement (Northfield Laboratories Inc /De/)

Modification and Waiver. No provisions provision of this Agreement may will be modified, waived amended, waived, or discharged unless such the modification, amendment, waiver, modification or discharge is agreed to in writing and signed by the Employee and by the Chief Executive and Officer of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall will be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 3 contracts

Sources: Severance Agreement (Vical Inc), Severance Agreement (Vical Inc), Severance Agreement (Vical Inc)

Modification and Waiver. No provisions provision of this Agreement may shall be modified, waived or discharged unless such waiverthe modification, modification waiver or discharge is agreed to in writing and signed by the Executive Employee and the Companyby an authorized officer of ASC (other than Employee). No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 3 contracts

Sources: Employment Agreement (Aviation Sales Co), Employment Agreement (Aviation Sales Co), Employment Agreement (Aviation Sales Co)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and an executive officer of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 3 contracts

Sources: Employment Agreement (Polarityte, Inc.), Employment Agreement (Polarityte, Inc.), Employment Agreement (Polarityte, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 3 contracts

Sources: Executive Employment Agreement (Crexendo, Inc.), Executive Employment Agreement (Crexendo, Inc.), Executive Employment Agreement (Crexendo, Inc.)

Modification and Waiver. No provisions provision of this Agreement may shall be modified, waived amended, waived, or discharged unless such the modification, amendment, waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and by the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 3 contracts

Sources: Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp)

Modification and Waiver. No provisions provision of this Agreement ------------------------- may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the CompanyBoard. No waiver by any either 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.

Appears in 3 contracts

Sources: Employment Agreement (Stem Cell Therapy International, Inc.), Employment Agreement (Stem Cell Therapy International, Inc.), Employment Agreement (Stem Cell Therapy International, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Chief Executive Officer of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 3 contracts

Sources: Executive Employment Agreement (TaskUs, Inc.), Executive Employment Agreement (TaskUs, Inc.), Executive Employment Agreement (Roth CH Acquisition I Co. Parent Corp.)

Modification and Waiver. No provisions of this ----------------------- Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and the Company. No waiver by any a party hereto at any time of any breach by the other another party hereto of, or compliance with, 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.

Appears in 2 contracts

Sources: Employment Agreement (M2direct Inc), Employment Agreement (M2direct Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 2 contracts

Sources: Employment Agreement (Reed's, Inc.), Executive Employment Agreement (Roth CH Acquisition I Co. Parent Corp.)

Modification and Waiver. No provisions provision of this Agreement may be modifiedamended, modified or waived or discharged unless such waiveramendment, modification or discharge waiver is agreed to in writing and signed by Employee and by a duly authorized officer of Employer (other than Employee). No delay or omission by the Executive and the Companyparties in exercising any right under this Agreement will operate as a waiver of that or any other right. No waiver or consent given by a party on any party hereto at any time occasion will be construed as a bar to or as a continuing waiver of any breach by the right on any 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 timeoccasion.

Appears in 2 contracts

Sources: Confidentiality, Proprietary Rights and Non Competition Agreement (Indivior PLC), Confidentiality, Proprietary Rights and Non Competition Agreement (Indivior PLC)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyCBAN. No waiver by any either 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.

Appears in 2 contracts

Sources: Merger Agreement (Colony Bankcorp Inc), Merger Agreement (Colony Bankcorp Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by a duly authorized representative of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 2 contracts

Sources: Employment Agreement (Freight Technologies, Inc.), Employment Agreement (Freight Technologies, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, amended, waived or discharged unless such waiver, amendment, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No The waiver by either party to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver by either party hereto at any time of any breach by of any of the other party hereto of, or compliance with, any condition or provision terms and conditions of this Agreement to Agreement, shall not be performed by construed as thereafter waiving any such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or at any prior or subsequent timewaiver had occurred.

Appears in 2 contracts

Sources: Advisory Agreement (Guardforce AI Co., LTD), Advisory Agreement (Guardforce AI Co., LTD)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. 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.

Appears in 2 contracts

Sources: Employment Agreement (Peoples Community Capital Corp), Employment Agreement (Peoples Community Capital Corp)

Modification and Waiver. No provisions of this Agreement ----------------------- may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and the Company. No waiver by any a party hereto at any time of any breach by the other another party hereto of, or compliance with, 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.

Appears in 2 contracts

Sources: Employment Agreement (M2direct Inc), Employment Agreement (M2direct Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and an executive officer of the CompanyCompany who is also a member of the Board. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 2 contracts

Sources: Employment Agreement (Greenfield Groves Inc.), Employment Agreement (Greenfield Groves Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the Parties of any breach by the other party hereto of, Party or compliance with, of any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar any other breach or dissimilar provisions or conditions provision at the same or at any prior or subsequent other time.

Appears in 2 contracts

Sources: Executive Employment Agreement (Isun, Inc.), Executive Employment Agreement (Isun, Inc.)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed duly executed by the Executive and party to be charged with the Companywaiver or modification. No The waiver by any party hereto at any time either the Company or Employee of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same provision by the other party hereto of, or compliance with, any condition or a waiver of a breach of another provision of this Agreement to be performed by such the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeparty.

Appears in 2 contracts

Sources: Employment Agreement (Intercept Group Inc), Employment Agreement (Netzee Inc)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. 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.

Appears in 2 contracts

Sources: Employment Agreement (Centennial Healthcare Corp), Employment Agreement (Centennial Healthcare Corp)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Executive, the Bank, and the Company. 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.

Appears in 2 contracts

Sources: Employment Agreement (Tysons Financial Corp), Employment Agreement (Mainstreet Bankgroup Inc)

Modification and Waiver. No provisions provision of this Agreement may ----------------------- be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, with any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Sources: Director Compensation Agreement (Morgan Stanley Dean Witter & Co), Director Compensation Agreement (Morgan Stanley Dean Witter & Co)

Modification and Waiver. No provisions provision of this Agreement may be modifiedamended, modified or waived or discharged unless such waiveramendment, modification or discharge waiver is agreed to in writing and signed by Employee and by a duly authorized officer of Employer (other than Employee). No delay or omission by the Executive and the CompanyParties in exercising any right under this Agreement will operate as a waiver of that or any other right. No waiver or consent given by a Party on any party hereto at any time occasion will be construed as a bar to or as a continuing waiver of any breach by the right on any 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 timeoccasion.

Appears in 2 contracts

Sources: Employment Agreement (Entasis Therapeutics Holdings Inc.), Employment Agreement (Entasis Therapeutics Holdings Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Consultant and such officer as may be specifically designated by the Executive and the CompanyBoard. No waiver by any either 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.

Appears in 1 contract

Sources: Consulting Agreement (GeoPharma, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Executive Chairman of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Executive Employment Agreement (Akari Therapeutics PLC)

Modification and Waiver. No provisions provision of this Agreement may shall be ----------------------- modified, waived or discharged unless such waiverthe modification, modification waiver or discharge is agreed to in writing and signed by the Executive Employee and the Companyby an authorized officer of Company (other than Employee). No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 1 contract

Sources: Employment Agreement (Watson Pharmaceuticals Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by ▇▇▇▇▇▇▇▇ and such officer of the Executive and Company as may be specifically designated by the CompanyBoard. No waiver by any either 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.

Appears in 1 contract

Sources: Employment Agreement (Petroleum Development Corp)

Modification and Waiver. No provisions provision of this Agreement may shall be modified, waived amended, waived, or discharged unless such the modification, amendment, waiver, modification or discharge is agreed to in writing and signed by Employee and by the Chief Executive and Officer of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 1 contract

Sources: Management Continuity and Severance Agreement (Dynavax Technologies Corp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CompanyChairperson of the Board's Compensation Committee. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Retention Agreement (Henry Jack & Associates Inc)

Modification and Waiver. No provisions of provision in this Agreement may shall be modified, waived waived, or discharged unless such the modification, waiver, modification or discharge is agreed to in writing writing, specifying such modification, waiver, or discharge, and signed by the Executive and the CompanyPractice. No waiver by any party hereto at any time of or any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other another party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 1 contract

Sources: Confidentiality Agreement

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Compensation Committee Chairperson of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (Alopexx, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Lead Independent Director of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.. ​ ​ ​

Appears in 1 contract

Sources: Employment Agreement (Dragonfly Energy Holdings Corp.)

Modification and Waiver. No provisions Except as otherwise provided below, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. No waiver by any party hereto at any time of any breach by the any other party hereto of, or of compliance with, any term or condition or provision of this Agreement to be performed by such any other party shall be deemed party, at any time, will constitute a waiver of similar or dissimilar provisions terms or conditions at the same that time or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (Berry Corp (Bry))

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by any either 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.

Appears in 1 contract

Sources: Executive Employment Agreement (Ameris Bancorp)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by you and by an officer of the Executive and the CompanyEmployer (excluding e-mail). No The waiver by any party hereto at any time either Party of the breach of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to by the other Party shall not operate or be performed construed as a waiver of any subsequent breach by such other party party, nor shall be deemed the delay by either Party in exercising any right under this Agreement operate as a waiver to preclude any other or further exercise of similar any such right, power, or dissimilar provisions or conditions at the same or at any prior or subsequent timeprivilege.

Appears in 1 contract

Sources: Confidential Separation Agreement and General Release (theMaven, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in a writing and signed by the Executive Shareholder and the CompanySMBK. No waiver by any either 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.

Appears in 1 contract

Sources: Merger Agreement (Smartfinancial Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, the amendment or modification or discharge is agreed to in writing and signed by the Executive Recipient and by a duly authorized representative of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time., nor shall the failure of or delay by either party hereto in exercising any

Appears in 1 contract

Sources: Performance Share Unit Award Agreement (JELD-WEN Holding, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Restricted Party and the Company. 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.

Appears in 1 contract

Sources: Stock and Warrant Purchase Agreement (Optionable Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and authorized by the CompanyBoard. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (FutureFuel Corp.)

Modification and Waiver. No provisions 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, BayCom and each of the Executive and the Companyother parties hereto. No waiver by any party hereto at any time of any breach by the other another 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.

Appears in 1 contract

Sources: Merger Agreement (BayCom Corp)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Consultant and the Company. 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.

Appears in 1 contract

Sources: Consulting Agreement (Maxxis Group Inc)

Modification and Waiver. No provisions provision of this Agreement may shall be modified, waived or discharged unless such waiverthe modification, modification waiver or discharge is agreed to in writing and signed by the Executive Employee and the Companyby an authorized officer of Company and Royce (other than Employee). No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 1 contract

Sources: Employment Agreement (Royce Laboratories Inc /Fl/)

Modification and Waiver. No provisions of this Agreement ---------------------- may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and the Company. No waiver by any a party hereto at any time of any breach by the other another party hereto of, or compliance with, 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.

Appears in 1 contract

Sources: Employment Agreement (M2direct Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CompanyChairperson of the Compensation Committee of the Board. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (Natural Gas Services Group Inc)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any party hereto at any time of any breach by the other another party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed deemd a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (Datapath Inc)

Modification and Waiver. No provisions Except as otherwise specifically provided in this Agreement, 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 both the Executive Company and the CompanyAdvisor. No waiver by any party hereto at any time by either party to this Agreement of any breach by the other party hereto of, or compliance failure to comply with, any condition or provision of this Agreement to be performed by such other party hereof shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent similar time.

Appears in 1 contract

Sources: Severance Agreement (Oakley Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, ----------------------- waived or discharged unless such waivermodification, modification waiver or discharge is agreed to in a writing and signed by the Executive you and the Companychair of the Board. No waiver by any party hereto to this Agreement at any time of any breach by the other another party hereto to this Agreement of, or of compliance with, any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Change in Control Agreement (Bio Vascular Inc)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such modification, waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. 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 provisions 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.

Appears in 1 contract

Sources: Separation Agreement (Sunlink Health Systems Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, the amendment or modification or discharge is agreed to in writing and signed by the Executive Recipient and by a duly authorized representative of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.hereto

Appears in 1 contract

Sources: Restricted Stock Unit Award Agreement (JELD-WEN Holding, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. 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. Employment Agreement (Cont.)

Appears in 1 contract

Sources: Employment Agreement (Affirmative Insurance Holdings Inc)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Restricted Parties, and the Company. 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 timeTIX.

Appears in 1 contract

Sources: Noncompetition and Confidentiality Agreement (Tix CORP)

Modification and Waiver. No provisions provision of this Agreement may be ----------------------- modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, with any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Director Compensation Agreement (Morgan Stanley Dean Witter & Co)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Chief Executive of the Company. No waiver by any party hereto at any time either of the Parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions at the same or at any prior or subsequent timecondition.

Appears in 1 contract

Sources: Executive Agreement (Dollar Tree, Inc.)

Modification and Waiver. No provisions of this Agreement may be modified, ----------------------- waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. 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.

Appears in 1 contract

Sources: Employment Agreement (Intercept Group Inc)

Modification and Waiver. No provisions provision of this Agreement may be ----------------------- modified, waived or discharged unless such waivermodification, modification waiver or discharge is agreed to in a writing and signed by the Executive you and the Companychair of the Board. No waiver by any party hereto to this Agreement at any time of any breach by the other another party hereto to this Agreement of, or of compliance with, any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Change in Control Agreement (Bio Vascular Inc)

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Executive, the Bank and the Company. 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.

Appears in 1 contract

Sources: Consulting Agreement (Heritage Bancorp Inc /Va/)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by [POSITION NAME] of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (ESGL Holdings LTD)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such that waiver, modification or discharge is agreed to in writing by Employee and signed that officer as may be specifically designated by the Executive and Board of Directors of the Company. No waiver by any either 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 that other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (Ballantyne Strong, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CompanyChairman of the Board. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Appears in 1 contract

Sources: Employment Agreement (Eco Science Solutions, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party Party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar any other breach or dissimilar provisions or conditions provision at the same or at any prior or subsequent other time.

Appears in 1 contract

Sources: Employment Agreement (Isun, Inc.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyBayCom. No waiver by any either 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.

Appears in 1 contract

Sources: Merger Agreement (BayCom Corp)