Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Grantee. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Grantee. The failure of any party at any time or times to require performance of any provisions hereof, shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed amended from time to time by the Company Committee in its discretion in any manner that it deems appropriate and Grantee. Any waiver that is consistent with the terms of the terms or conditions hereof Plan. However, no such amendment shall be made only by adversely affect in a material manner any right of the Holder without his/her written consent. Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Holder. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Employee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Executive. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Executive. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Grantee. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any amendment or waiver granted agreed to by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or conditioncondition in this Agreement, or the breach of any term or condition contained in this Agreement thereof, in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided in this Agreement or the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan, or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed executed, or an electronic agreement agreed to, by the Company and Granteethe Participant. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by by, or an electronic agreement agreed to by, the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than Granteethe Participant. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Grantee. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any amendment or waiver granted agreed to by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Grantee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or conditioncondition in this Agreement, or the breach of any term or condition contained in this Agreement thereof, in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeOptionee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than GranteeOptionee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or of condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteeall parties hereto. Any waiver of the terms terms, provisions, covenants, representations, warranties, or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeExecutive. The failure of any party at any time or times to require performance of any provisions hereof, shall in no manner effect the right to enforce the same. No waiver by any party of any term condition or conditionprovision, or the breach of any term term, provision, representation, or condition warranty contained in this Agreement in one or more instances shall be deemed to be, be or construed as, as a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term term, provision, covenant, representation, or conditionwarranty.

Amendment and Waiver. This Except as otherwise provided in Section 18.1 of the Plan, this Award Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Recipient. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Award Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan, or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed executed, or an electronic agreement agreed to, by the Company and Granteethe Participant. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by by, or an electronic agreement agreed to by, the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than Granteethe Participant. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or of condition.

Amendment and Waiver. This Except as otherwise provided in Section 12.1 of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Recipient. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided in Section 5.3 of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Recipient. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Director. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeOptionee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than GranteeOptionee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Awardee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than Granteethe Awardee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Employee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided in the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Optionee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided in the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Recipient. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Employee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeAdvisor. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeAdvisor. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Holder. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Holder. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Holder. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Holder. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Grantee. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if it is in a written instrument executed and delivered by a duly authorized executive officer of the Company other than Granteeofficer. The failure of any party at any time or times to require performance of any provisions hereof, shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Executive. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Executive. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Subject to Section 18.1 of the Plan, this Award Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Award Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by or on behalf of the Company Committee and by Grantee. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Grantee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or conditioncondition herein, or the breach of any term or condition contained in this Agreement thereof, in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeEmployee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeEmployee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan, or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified modified, or superseded only by written instrument executed executed, or an electronic agreement agreed to, by the Company and Granteethe Participant. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by by, or an electronic agreement agreed to by, the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than Granteethe Participant. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeDirector. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than Granteethe Employee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Director. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Director. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteeand, to the extent required under the Plan, by the Participant. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeParticipant. The failure of any party at any time or times to require performance of any provisions hereof, shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeParticipant. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeParticipant. The failure of any party at any time or times to require performance of any provisions hereof, shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Subject to Section 18.1 of the Plan, this Award Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Director. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Award Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, the Agreement may be amended, modified or superseded only by written instrument executed by the Company and Grantee. Any waiver the then valid holder of the terms or conditions hereof shall be made only by Agreement. Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Award recipient. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided in Section 11.1 of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Recipient. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeEmployee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeEmployee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Recipient. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Recipient. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and GranteeParticipant. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company or the Committee other than GranteeParticipant. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Grantee. Any waiver of the terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Grantee. The Restricted Stock Agreement - Employees failure of any party at any time or times to require performance of any provisions hereof, shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement in one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by a written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Employee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Holder. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Holder. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided in Section 11.1 of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and the Grantee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Holder. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Holder. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.. Performance Unit Award Fall 2019 (Maximum)

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed amended from time to time by the Company Committee in its discretion in any manner that it deems appropriate and Grantee. Any waiver that is consistent with the terms of the terms or conditions hereof Plan. However, no such amendment shall be made only by adversely affect in a material manner any right of the Holder without his/her written consent. Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Holder. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.. 74603

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteeall parties hereto. Any waiver of the any terms or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company Employer shall be effective only if executed and delivered by a duly authorized executive officer of the Company Employer other than GranteeEmployee. The failure of any party at any time or times to require performance of any provisions hereof, terms or conditions hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term terms or conditionconditions, or the breach of any term terms or condition conditions contained in this Agreement in one or more instances shall be deemed to be, be or construed as, as a further or continuing waiver of any such term or condition or breach or a waiver of any other term, condition or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Employee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Employee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided in Section 12.1 of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Director. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeCompany. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach breach, a waiver of any other term or condition, or a waiver of any other condition or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteeall parties hereto. Any waiver of the terms terms, provisions, covenants, representations, warranties, or conditions hereof shall be made only by a written instrument executed and delivered by the party waiving compliance. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than GranteeExecutive. The failure of any party at any time or times to require performance of any provisions hereof, shall in no manner effect the right to enforce the same. No waiver by any party of any term condition or conditionprovision, or the breach of any term term, provision, representation, or condition warranty contained in this Agreement in one or more instances shall be deemed to be, be or construed as, as a further or continuing waiver of any such condition or breach or a waiver of any other condition or the breach of any other term or condition.breach

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed by the Company and Granteethe Executive. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Executive. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Agreement may be amended, modified or superseded only by written instrument executed amended from time to time by the Company Committee in its discretion in any manner that it deems appropriate and Granteethat is consistent with the terms of Plan. Any waiver However, no such amendment shall adversely affect in a material manner any right of the terms or conditions hereof shall be made only by Holder without his written consent. Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall make any waiver of the terms or conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than Granteethe Holder. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.

Amendment and Waiver. This Except as otherwise provided herein, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and the Grantee. Any waiver of the terms or conditions hereof shall be made only by Only a written instrument executed and delivered by the party waiving compliancecompliance hereof shall waive any of the terms or conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than the Grantee. The failure of any party at any time or times to require performance of any provisions hereof, hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement Agreement, in one or more instances instances, shall be deemed to be, or construed as, as a further or continuing waiver of any such condition or breach or breach, a waiver of any other condition condition, or the breach of any other term or condition.