Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 289 contracts
Samples: Employment Agreement (National CineMedia, Inc.), Employment Agreement (National CineMedia, Inc.), Employment Agreement (Aprea Therapeutics, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 122 contracts
Samples: Executive Employment Agreement (Atlas Lithium Corp), Executive Employment Agreement (Atlas Lithium Corp), Restrictive Covenants Agreement (Sotera Health Co)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 102 contracts
Samples: Employment Agreement (Aon PLC), Employment Agreement (DropCar, Inc.), Employment Agreement (DropCar, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 98 contracts
Samples: Employment Agreement (Acadia Healthcare Company, Inc.), Employment Agreement (Acadia Healthcare Company, Inc.), Employment Agreement (Acadia Healthcare Company, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, Executive and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 91 contracts
Samples: Employment Agreement (Green Brick Partners, Inc.), Employment Agreement (Green Brick Partners, Inc.), Employment Agreement (Green Brick Partners, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Holder, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 76 contracts
Samples: Roic Performance Unit Award Agreement (Thermon Group Holdings, Inc.), Restricted Stock Unit Award Agreement (Membership Collective Group Inc.), Restricted Stock Unit Award Agreement (Biolase, Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 76 contracts
Samples: Executive Employment Agreement (Aspen Aerogels Inc), Executive Employment Agreement (Aspen Aerogels Inc), Executive Employment Agreement (Aspen Aerogels Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 67 contracts
Samples: Severance Agreement (Ecovyst Inc.), Severance Agreement (Ecovyst Inc.), Severance Agreement (Ecovyst Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 56 contracts
Samples: Employment Agreement (Rezolute, Inc.), Employment Agreement (Mereo Biopharma Group PLC), Employment Agreement (Rezolute, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * * * *
Appears in 48 contracts
Samples: Employment Agreement (Office Depot Inc), Employment Agreement (Dade Behring Holdings Inc), Employment Agreement (Coram Healthcare Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.
Appears in 46 contracts
Samples: Employment Agreement (XCel Brands, Inc.), Employment Agreement (XCel Brands, Inc.), Employment Agreement (XCel Brands, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall is to affect the validity, binding effect or enforceability of this Agreement.
Appears in 41 contracts
Samples: Employment Agreement (Aveanna Healthcare Holdings, Inc.), Executive Restrictive Covenant Agreement (BlueLinx Holdings Inc.), Employment Agreement (BlueLinx Holdings Inc.)
Amendment and Waiver. The provisions of this This Agreement may be amended or waived only in accordance with the prior provisions of the Plan, and may otherwise be amended by written consent of agreement between the Company and Executive, and no the Participant without the consent of any other person. No course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.
Appears in 37 contracts
Samples: Restricted Stock Unit Award Agreement (Essendant Inc), Cash Incentive Award Agreement (Essendant Inc), Performance Based Restricted Stock Units Award Agreement (Essendant Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Holder, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect effect, or enforceability of this Agreement.
Appears in 35 contracts
Samples: Performance Based Restricted Stock Unit Award Agreement (Tri Pointe Homes, Inc.), Performance Based Restricted Stock Unit Award Agreement (Tri Pointe Homes, Inc.), Performance Based Restricted Stock Unit Award Agreement (Tri Pointe Homes, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 33 contracts
Samples: Employment Agreement (NRG Energy, Inc.), Employment Agreement, Employment Agreement (NRG Yield, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board (or a person expressly authorized thereby) and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 31 contracts
Samples: Employment Agreement (Red Robin Gourmet Burgers Inc), Employment Agreement (Red Robin Gourmet Burgers Inc), Employment Agreement (Red Robin Gourmet Burgers Inc)
Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and ExecutiveKey Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 30 contracts
Samples: Employment Agreement (Orion Group Holdings Inc), Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 28 contracts
Samples: Employment Agreement (Aptargroup, Inc.), Employment Agreement (Aptargroup Inc), Employment Agreement (Syncardia Systems Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Employee and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 28 contracts
Samples: Restricted Unit Agreement (Refco Global Capital Management LLC), Restricted Unit Agreement (Refco Inc.), Restricted Unit Agreement (Hawkeye Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Executive and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 27 contracts
Samples: Employment Agreement (Covalence Specialty Adhesives LLC), Employment Agreement (Covalence Specialty Adhesives LLC), Employment Agreement (Berry Plastics Holding Corp)
Amendment and Waiver. The provisions Any provision of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 25 contracts
Samples: Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Restricted Shareholder and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 23 contracts
Samples: Restricted Stock Agreement (Simmons Co), Restricted Stock Agreement (Simmons Co), Restricted Stock Agreement (Simmons Co)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company's right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 23 contracts
Samples: Employment Agreement (Cellectar Biosciences, Inc.), Employment Agreement (Cellectar Biosciences, Inc.), Employment Agreement (Cellectar Biosciences, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Companies and Executive, Executive and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 22 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement (Affinion Group Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 20 contracts
Samples: Employment Agreement (Chirex Inc), Employment Agreement (FLD Acquisition Corp), Employment Agreement (Chirex Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 19 contracts
Samples: Employment Agreement (Sila Realty Trust, Inc.), Employment Agreement (Andretti Acquisition Corp.), Employment Agreement (Carter Validus Mission Critical REIT II, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 19 contracts
Samples: Employment Agreement, Employment Agreement (Infor, Inc.), Employment Agreement (Infor, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement. It is agreed and understood that Employee shall not be entitled to bind the Company in connection with this Agreement or any matter arising hereunder.
Appears in 18 contracts
Samples: Employment Agreement (LiveVox Holdings, Inc.), Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Aspect Software Parent, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior by written consent agreement of the Company Employer and ExecutiveEmployee, and no course of conduct or conduct, failure or delay in enforcing the provisions of this Agreement shall affect effect the validity, binding effect or enforceability of this Agreement.
Appears in 18 contracts
Samples: Employment Agreement (PMFG, Inc.), Employment Agreement (PMFG, Inc.), Employment Agreement (PMFG, Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * * * *
Appears in 17 contracts
Samples: Employment Agreement (Therma Wave Inc), Employment Agreement (Therma Wave Inc), Employment Agreement (Alliance Laundry Holdings LLC)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 16 contracts
Samples: Employment Agreement (Davita Inc.), Employment Agreement (Oasis Petroleum Inc.), Employment Agreement
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveConsultant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 16 contracts
Samples: Consulting Agreement (Reneo Pharmaceuticals, Inc.), Consulting Agreement (Reneo Pharmaceuticals, Inc.), Consulting Agreement (Reneo Pharmaceuticals, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Employee and the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 16 contracts
Samples: Employment Agreement (Otelco Inc.), Employment Agreement (Otelco Inc.), Employment Agreement (Otelco Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 15 contracts
Samples: Employment Agreement (Viveon Health Acquisition Corp.), Employment Agreement (Institute for Wealth Holdings, Inc.), Employment Agreement (GeneSYS ID, Inc.)
Amendment and Waiver. The provisions of this Agreement letter agreement may be amended or and waived only with the prior written consent of the Company (with the approval of the Board) and Executiveyou, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall letter agreement will affect the validity, binding effect or enforceability of this Agreementletter agreement or any provision hereof.
Appears in 14 contracts
Samples: Employment Agreement (Tyme Technologies, Inc.), Employment Agreement (Charge Enterprises, Inc.), Employment Agreement (Charge Enterprises, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 14 contracts
Samples: Executive Employment Agreement (Gatos Silver, Inc.), Executive Employment Agreement (Gatos Silver, Inc.), Executive Employment Agreement (Lightning eMotors, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Chief Executive Officer) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including the Company’s right to terminate the Term of Employment for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 13 contracts
Samples: Employment Agreement (Bluerock Residential Growth REIT, Inc.), Employment Agreement (Bluerock Residential Growth REIT, Inc.), Employment Agreement (Bluerock Residential Growth REIT, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 13 contracts
Samples: Series B Unit Agreement (Nexeo Solutions Holdings, LLC), Series B Unit Agreement (Nexeo Solutions Holdings, LLC), Series B Unit Agreement (Nexeo Solutions Holdings, LLC)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 12 contracts
Samples: Employment Agreement (AdTheorent Holding Company, Inc.), Employment Agreement (McAp Acquisition Corp), Employment Agreement (Surgery Partners, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board and ExecutiveOptionholder, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 12 contracts
Samples: Stock Option Agreement (Solera Corp.), Stock Option Agreement (Solera Corp.), Option Rollover Agreement (Datto Holding Corp.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, validity binding effect or enforceability of this Agreement.. * * * * *
Appears in 11 contracts
Samples: Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 11 contracts
Samples: Employment Agreement (Reign Sapphire Corp), Employee Rollover Stock Option Agreement (Anvilire), Employee Rollover Stock Option Agreement (Anvilire)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Consultant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 11 contracts
Samples: Consulting Agreement (Ingredion Inc), Consulting Agreement (Allscripts Healthcare Solutions, Inc.), Consulting Agreement (Allscripts Healthcare Solutions, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Corporation and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 10 contracts
Samples: Employment Agreement (BKV Corp), Employment Agreement (BKV Corp), Executive Employment Agreement (Parkway Acquisition Corp.)
Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and Executivethe Key Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 10 contracts
Samples: Employment Agreement (Myr Group Inc.), Employment Agreement (Myr Group Inc.), Employment Agreement (Myr Group Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company's right to terminate the Employment Period for any reason) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 10 contracts
Samples: Employment Agreement (HealthSpring, Inc.), Employment Agreement (HealthSpring, Inc.), Employment Agreement (HealthSpring, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 10 contracts
Samples: Employment Agreement (Hillman Companies Inc), Employment Agreement (GT Advanced Technologies Inc.), Employment Agreement (GT Solar International, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveExecutive by a document that explicitly states its intention to amend this Agreement, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board), its successors and assignees, and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability be deemed to be an implied waiver of any provision of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Liberte Investors Inc), Employment Agreement (First Acceptance Corp /De/), Employment Agreement (First Acceptance Corp /De/)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period with or without Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Adaptimmune Therapeutics PLC), Employment Agreement (Adaptimmune Therapeutics PLC), Employment Agreement (Adaptimmune Therapeutics PLC)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Board and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 9 contracts
Samples: Employment Agreement (Broadmark Realty Capital Inc.), Employment Agreement (Broadmark Realty Capital Inc.), Employment Agreement (Broadmark Realty Capital Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement. * * * * [The remainder of this Page left blank intentionally.]
Appears in 9 contracts
Samples: Employment Agreement (Anthony Crane Rental Holdings Lp), Employment Agreement (Anthony Crane Rental Lp), Employment Agreement (Anthony Crane Rental Lp)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Grantee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 8 contracts
Samples: Performance Based Restricted Stock Unit Award Agreement (West Corp), Restricted Stock Award Agreement (West Corp), Restricted Cash Award Agreement (West Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 8 contracts
Samples: Stock Option Agreement (Aptargroup, Inc.), Noncompetition Agreement, Performance Based Cash Award Agreement (TRI Pointe Group, Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with by the prior written consent agreement of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 8 contracts
Samples: Employment Agreement (Eagle Point Software Corp), Employment Agreement (True North Communications Inc), Employment Agreement (Federal Mogul Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and except as expressly provided herein, no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement (Metaldyne Performance Group Inc.)
Amendment and Waiver. 5.1 The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 8 contracts
Samples: Employment Agreement (PET Acquisition LLC), Employment Agreement (PET Acquisition LLC), Employment Agreement (PET Acquisition LLC)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executivethe Executive or pursuant to Section 13, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 8 contracts
Samples: Interim Executive Agreement (Envestnet, Inc.), Executive Agreement (Envestnet, Inc.), Executive Agreement (Envestnet, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent approval of the Company Board and Executiveyou, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement, Employment Agreement (Forest City Realty Trust, Inc.), Employment Agreement (Forest City Realty Trust, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of such provision or any other provision of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement (Flotek Industries Inc/Cn/), Employment Agreement (Flotek Industries Inc/Cn/), Employment Agreement (Flotek Industries Inc/Cn/)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and ExecutiveEmployee, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement (Horsehead Holding Corp), Employment Agreement (Horsehead Holding Corp), Employment Agreement (Horsehead Holding Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Optionee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 7 contracts
Samples: Stock Option Agreement (CDW Corp), Employment Agreement (Sirius International Insurance Group, Ltd.), Stock Option Agreement (CDW Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Company, the Executive and ExecutiveHolding, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 7 contracts
Samples: Employment Agreement (Wowio, Inc.), Employment Agreement (Wowio, Inc.), Employment Agreement (Wowio, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Grantee and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 7 contracts
Samples: Restricted Unit Agreement (Westminster-Refco Management LLC), Restricted Unit Agreement (Westminster-Refco Management LLC), Restricted Unit Agreement (Refco Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company OUTFRONT and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement (OUTFRONT Media Inc.), Employment Agreement (OUTFRONT Media Inc.), Employment Agreement (OUTFRONT Media Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 7 contracts
Samples: Transition and Release Agreement (Malibu Boats, Inc.), Transition, Release and Consulting Agreement (Malibu Boats, Inc.), Transition, Release and Consulting Agreement (Society Pass Incorporated.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the parties’ right to terminate this Agreement and Executive’s employment at will) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Board or the Compensation Committee and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 6 contracts
Samples: Employment Agreement (Broadmark Realty Capital Inc.), Employment Agreement (Broadmark Realty Capital Inc.), Employment Agreement (Broadmark Realty Capital Inc.)
Amendment and Waiver. The Except as otherwise set forth herein and in the Plan, the provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executivethe Participant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 6 contracts
Samples: Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.)
Amendment and Waiver. The Except as otherwise set forth herein and in the Plan, the provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 6 contracts
Samples: Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect effort or enforceability of this Agreement.
Appears in 6 contracts
Samples: Executive Employment Agreement (Neuraxis, INC), Executive Employment Agreement (Neuraxis, INC), Executive Employment Agreement (Neuraxis, INC)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course . No cause of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 6 contracts
Samples: Management Agreement (Vicorp Restaurants Inc), Management Agreement (Vicorp Restaurants Inc), Management Agreement (VI Acquisition Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Company, the Executive and Executivethe Investors, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 6 contracts
Samples: Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board), Parent and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Syniverse Holdings Inc), Employment Agreement (Syniverse Technologies Inc), Employment Agreement (Syniverse Holdings Inc)
Amendment and Waiver. The provisions of this This Agreement may be amended or waived only with the prior written consent of the Company and Executiveparties, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.
Appears in 6 contracts
Samples: Letter Agreement (Smucker J M Co), Letter Agreement (Smucker J M Co), Letter Agreement (Smucker J M Co)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executivethe Employee, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Quanta Inc), Employment Agreement (Quanta Inc), Employment Agreement (Quanta Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company's right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Lighting Science Group Corp), Employment Agreement (Lighting Science Group Corp), Employment Agreement (Lighting Science Group Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Employers and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Employers’ right to terminate the Employment Period with or without Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Donegal Group Inc), Employment Agreement (Donegal Group Inc), Employment Agreement (Donegal Group Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and ExecutiveParties, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement Agreement, including, without limitation, the Company’s right to terminate the employment of Executive for Cause, shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Rubicon Technologies, Inc.), Employment Agreement (Founder SPAC), Employment Agreement (Founder SPAC)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Employer and Executive, and no course of conduct or course of dealing or failure or delay by any Party in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 6 contracts
Samples: Executive Employment Agreement (Health in Tech, Inc.), Executive Employment Agreement (Health in Tech, Inc.), Executive Employment Agreement (Health in Tech, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect effect, or enforceability of this Agreement.
Appears in 6 contracts
Samples: Performance Based Cash Award Agreement (Tri Pointe Homes, Inc.), Performance Based Cash Award Agreement (Tri Pointe Homes, Inc.), Performance Based Cash Award Agreement (Tri Pointe Homes, Inc.)
Amendment and Waiver. The provisions of this Agreement may only be amended or waived only with the prior written consent of the Company Corporation and Executive, and no course of conduct or failure to act or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect effect, or enforceability of this Agreement, or otherwise waive or limit any right, power or privilege provided by this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (First Community Bankshares Inc /Va/), Employment Agreement (First Community Bankshares Inc /Va/), Employment Agreement (First Community Bankshares Inc /Va/)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Company, the Executive and Executive, Parent and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 5 contracts
Samples: Retention Agreement (Platte Chemical Co), Retention Agreement (Platte Chemical Co), Retention Agreement (Platte Chemical Co)
Amendment and Waiver. The provisions of this Agreement may be amended -------------------- or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (E Tek Dynamics Inc), Employment Agreement (Therma Wave Inc), Employment Agreement (Chirex Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period with or without Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (5.11 Abr Corp.), Employment Agreement (5.11 Abr Corp.), Employment Agreement (5.11 Abr Corp.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Fuelnation Inc), Employment Agreement (Fuelnation Inc), Employment Agreement (Fuelnation Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (NightCulture, Inc.), Employment Agreement (USA Synthetic Fuel Corp), Employment Agreement (USA Synthetic Fuel Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 5 contracts
Samples: Employment Agreement (Ku6 Media Co., LTD), Employment Agreement (Cloudary Corp.), Employment Agreement (Guitar Center Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and except as expressly provided herein, no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (EVgo Inc.), Employment Agreement (EVgo Inc.), Employment Agreement (EVgo Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course Employee. No cause of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 5 contracts
Samples: Restricted Stock Purchase Agreement (Avicena Group, Inc.), Restricted Stock Purchase Agreement (Avicena Group, Inc.), Restricted Stock Purchase Agreement (Avicena Group, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (with Board approval) and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Rackable Systems, Inc.), Employment Agreement (Rackable Systems, Inc.), Employment Agreement (Rackable Systems, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Stockholder and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 5 contracts
Samples: Restricted Stock Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc)
Amendment and Waiver. The provisions provision of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Carter William Co /Ga/), Employment Agreement (Carter William Co /Ga/), Employment Agreement (Carters Imagination Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Optionee and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 4 contracts
Samples: Stock Option Agreement (Simmons Co), Stock Option Agreement (Simmons Co), Stock Option Agreement (Simmons Co)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board and Executiveevidenced by a written consent) and Employee, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Diplomat Pharmacy, Inc.), Severance Benefits Agreement (Diplomat Pharmacy, Inc.), Employment Agreement (Diplomat Pharmacy, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended -------------------- or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, validity binding effect or enforceability of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (College Television Network Inc), Employment Agreement (College Television Network Inc), Employment Agreement (College Television Network Inc)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of you and the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof. For purposes of clarity, any adjustment made to the Option pursuant to this Agreement will be deemed not to materially and adversely affect your rights under this Agreement and does not need the mutual consent of you and the Company.
Appears in 4 contracts
Samples: Non Compensatory Option Agreement (Prairie Operating Co.), Non Compensatory Option Agreement (Prairie Operating Co.), Non Compensatory Option Agreement (Prairie Operating Co.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveConsultant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.
Appears in 4 contracts
Samples: Consulting Agreement (Tredegar Corp), Consulting Agreement (Tredegar Corp), Advisory Board Consulting Agreement (NightCulture, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Employer and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Charah Solutions, Inc.), Employment Agreement (Charah Solutions, Inc.), Change in Control Agreement (Osca Inc)
Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and Executivethe Principal, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.
Appears in 4 contracts
Samples: Restricted Unit Agreement (Genesis Energy Lp), Restricted Unit Agreement (Genesis Energy Lp), Restricted Unit Agreement (Genesis Energy Lp)
