Common use of Amendment and Waivers Clause in Contracts

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 98 contracts

Samples: Employment Agreement (NetEase, Inc.), Stock Restriction Agreement (Spyre Therapeutics, Inc.), Stock Restriction Agreement (Aeglea BioTherapeutics, Inc.)

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Amendment and Waivers. This Agreement Warrant may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement Warrant will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement Warrant shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement Warrant as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 10 contracts

Samples: Warrant Agreement (Bill.com Holdings, Inc.), Warrant Agreement (Imbimbo Dallas), Warrant Agreement (Kovacevich Nicholas)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section Section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 6 contracts

Samples: Founder’s Restricted Stock Purchase Agreement (Aeluma, Inc.), Restricted Stock Purchase Agreement (Aeluma, Inc.), Restricted Stock Purchase Agreement (Aeluma, Inc.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one anyone provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 5 contracts

Samples: Stock Purchase Agreement, Option Exercise and Repurchase Agreement (Linkedin Corp), Stock Purchase Agreement (Linkedin Corp)

Amendment and Waivers. This Any term or provision of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is soughtto be bound thereby. Any amendment effected The waiver by a party of any breach hereof or default in accordance with this section the performance hereof will not be binding upon all parties hereto and each deemed to constitute a waiver of their respective successors and assignsany other default or any succeeding breach or default. No delay or failure Failure by either party, at any time, to require performance by the other party or to claim a breach of any provision of this Agreement shall constitute not be construed as a waiver of that provision as to that or any other instance. No waiver granted right accruing under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision hereinAgreement, nor shall it constitute affect any subsequent breach or the waiver effectiveness of this Agreement or any performance other than the actual performance specifically waivedpart hereof, or prejudice either party with respect to any subsequent action.

Appears in 5 contracts

Samples: Tax Allocation Agreement (Advanced Thermal Technologies Inc), Tax Sharing Agreement (Retek Inc), Tax Allocation Agreement (Odyssey Re Holdings Corp)

Amendment and Waivers. This Agreement may be amended only by a written --------------------- agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 5 contracts

Samples: Employment Agreement (Hurray! Holding Co., Ltd.), Employment Agreement (Hurray! Holding Co., Ltd.), Employment Agreement (Hurray! Holding Co., Ltd.)

Amendment and Waivers. This Agreement may be amended only by a --------------------- written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 4 contracts

Samples: Restricted Stock Purchase Agreement (Kintana Inc), Loan and Security Agreement (Keynote Systems Inc), Founder's Restricted Stock Purchase Agreement (Alladvantage Com Inc)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance per­formance other than the actual performance specifically waived.

Appears in 3 contracts

Samples: Debt Conversion Agreement (Challenger Powerboats, Inc.), Debt Conversion Agreement (Challenger Powerboats, Inc.), Debt Conversion Agreement (Locateplus Holdings Corp)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties heretoParties. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party Party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties of the Parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Stran & Company, Inc.), Stock Purchase Agreement (Stran & Company, Inc.), Stock Purchase Agreement (Stran & Company, Inc.)

Amendment and Waivers. This Agreement Warrant may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement Warrant will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section Section 5.8 will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement Warrant shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement Warrant as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 3 contracts

Samples: Warrant Agreement (Cellegy Pharmaceuticals Inc), Warrant Agreement (Adaptec Inc), Warrant Agreement (Adaptec Inc)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties heretoCompany and KIA and acknowledged by bSpace and dSpace. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section Subsection will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall will constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall will constitute a subsequent waiver of such provision or of any other provision herein, nor shall will it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 3 contracts

Samples: Amendment and Conversion Agreement (zSpace, Inc.), Conversion and Loan Termination Agreement (zSpace, Inc.), Amendment and Conversion Agreement (EdtechX Holdings Acquisition Corp. II)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived. 20.

Appears in 2 contracts

Samples: Employment Agreement (RealD Inc.), Employment Agreement (RealD Inc.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. For Accuray, any such writing must be signed by one of the following: CEO, CFO or General Counsel. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 2 contracts

Samples: General Release and Separation Agreement (Accuray Inc), General Release and Separation Agreement (Accuray Inc)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under under, this Agreement will be enforceable unless specifically set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section Section 21 will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Nextdoor Holdings, Inc.), Separation Agreement (Nextdoor Holdings, Inc.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties heretoCompany and bSpace. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section Subsection will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall will constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall will constitute a subsequent waiver of such provision or of any other provision herein, nor shall will it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 2 contracts

Samples: Conversion and Loan Termination Agreement (zSpace, Inc.), Amendment and Conversion Agreement (EdtechX Holdings Acquisition Corp. II)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section Section 5.8 will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Stock Purchase Agreement (GX Acquisition Corp.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable enforced unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision provisions herein shall constitute a subsequent waiver of such provision provisions or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Master Software Purchase Agreement

Amendment and Waivers. This Agreement may be amended only by a ----------------------- written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their then- respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Security Agreement (UC Hub Group Inc)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of amendment, termination, discharge or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Warrant Cancellation and Payment Agreement (Square, Inc.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all the parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Contribution of Technology and Exchange Agreement (Cancervax Corp)

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Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties Parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties Parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute operate or be construed as a subsequent waiver of such provision or of any other provision herein, nor or any subsequent breach and the obligations of the Parties under this Agreement shall it constitute the waiver of any performance other than the actual performance specifically waivedcontinue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Nuvo Group Ltd.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision provisions herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Stock Purchase Agreement (Merrimack Pharmaceuticals Inc)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of (a) Purchasers and (b) the parties heretoCompany. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Preferred Stock and Debt Exchange Agreement (Salt Blockchain Inc.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will shall be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will shall be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Securities Transfer Agreement

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties Parties hereto. No amendment of or waiver of, or modification of any obligation under under, this Agreement will be enforceable unless set forth in a writing signed by the party Party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties Parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Settlement Agreement (Faraday Future Intelligent Electric Inc.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of amendment, modification or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Stock Transfer Agreement (Springer Timothy A)

Amendment and Waivers. This Agreement may be amended only by a written ---------------------- agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Series D Preferred Stock Purchase Agreement (Alladvantage Com Inc)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one anyone provision herein shall not constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Stock Purchase Agreement (Regulus Corp)

Amendment and Waivers. This Agreement may be amended only by a ------------------------ written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Security Agreement (UC Hub Group Inc)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically specially waived.

Appears in 1 contract

Samples: Employment Agreement (Enphase Energy, Inc.)

Amendment and Waivers. This Agreement may be amended or modified and any term may be waived, only by a prior written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aea Growth Equity Fund Lp)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Enphase Energy, Inc.)

Amendment and Waivers. This Agreement may be amended only by a written agreement executed by each me and an officer of the parties heretoCompany. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. Any amendment effected in accordance with this section will be binding upon all parties hereto and each of their respective successors and assigns. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Katy Industries Inc)

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