Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 60 contracts
Samples: Change of Control Agreement (Tivity Health, Inc.), Employment Agreement (Tivity Health, Inc.), Change of Control Agreement (Tivity Health, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 28 contracts
Samples: Employment Agreement (Vanguard Health Systems Inc), Employment Agreement (JGWPT Holdings Inc.), Employment Agreement (Volt Information Sciences, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 24 contracts
Samples: Employment Agreement (Aytu Biopharma, Inc), Employment Agreement (Eco Innovation Group, Inc.), Employment Agreement (Eco Innovation Group, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the CompanyCompany (other than Employee). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 21 contracts
Samples: Employment Agreement (Pra Group Inc), Employment Agreement (Portfolio Recovery Associates Inc), Employment Agreement (Portfolio Recovery Associates Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, modified or waived, waived unless such amendment or waiver modification is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the party to be charged. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 20 contracts
Samples: Contract Stock / Restricted Units Agreement, Employment Agreement (Integra Lifesciences Holdings Corp), Employment Agreement (Integra Lifesciences Holdings Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No The failure of either party to this Agreement to enforce any of its terms, provisions or covenants will not be construed as a waiver of the same or of the right of such party to enforce the same. Waiver by any either party hereto of any breach or default by another the other party hereto of any condition term or provision of this Agreement to be performed by such other party shall be deemed will not operate as a waiver of a similar any other breach or dissimilar condition or provision at the same time, any prior time or any subsequent timedefault.
Appears in 18 contracts
Samples: Employment Agreement (Livedeal Inc), Employment Agreement (Livedeal Inc), Employment Agreement (Livedeal Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No The failure of either party to this Agreement to enforce any of its terms, provisions or covenants shall not be construed as a waiver of the same or of the right of such party to enforce the same. Waiver by any either party hereto of any breach or default by another the other party hereto of any condition term or provision of this Agreement to be performed by such other party shall be deemed not operate as a waiver of a similar any other breach or dissimilar condition or provision at the same time, any prior time or any subsequent timedefault.
Appears in 18 contracts
Samples: Employment Agreement (DZS Inc.), Employment Agreement (DZS Inc.), Employment Agreement (DZS Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board of Directors of the Company and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the CompanyCompany (other than Employee). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 12 contracts
Samples: Employment Agreement (Pra Group Inc), Employment Agreement (Pra Group Inc), Employment Agreement (Pra Group Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Companyeach party hereto. No waiver by any either party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 11 contracts
Samples: Restricted Stock Agreement (Idw Media Holdings, Inc.), Employee Restricted Stock Agreement (Rafael Holdings, Inc.), Restricted Stock Agreement (Genie Energy Ltd.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive and by a duly authorized officer of the CompanyCompany other than Executive. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 9 contracts
Samples: Employment Agreement (Infoblox Inc), Employment Agreement (Nanophase Technologies Corporation), Employment Agreement (Nanophase Technologies Corporation)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Grantee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 8 contracts
Samples: Incentive Stock Option Agreement (Rafael Holdings, Inc.), Nonqualified Stock Option Agreement (Rafael Holdings, Inc.), Nonqualified Stock Option Agreement (Zedge, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, authorized by the Company (including any authorized officer or committee of the Board of Directors) and signed by the Executive and by a duly authorized officer of the CompanyExecutive. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar breach, condition or provision at the same time, time or at any prior time or any subsequent time.
Appears in 8 contracts
Samples: Executive Employment Agreement (Identive Group, Inc.), Executive Employment Agreement (Identive Group, Inc.), Employment Agreement (Identive Group, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 7 contracts
Samples: Employment Agreement (Builders FirstSource, Inc.), Employment Agreement (Pasta Group L L C), Employment Agreement (Pasta Group L L C)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 7 contracts
Samples: Stock Option Agreement (Idt Corp), Stock Option Agreement (Idt Corp), Stock Option Agreement (Idt Corp)
Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 6 contracts
Samples: Employment Agreement (CCUR Holdings, Inc.), Employment Agreement (CCUR Holdings, Inc.), Employment Agreement (Concurrent Computer Corp/De)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No The failure of either party to this Agreement to enforce any of its terms, provisions or covenants shall not be construed as a waiver of the same or of the right of such party to enforce the same. Waiver by any either party hereto of any breach or default by another the other party hereto of any condition term or provision of this Agreement to be performed by such other party shall be deemed not operate as a waiver of a similar any other breach or dissimilar condition or provision at the same time, any prior time or any subsequent timedefault.
Appears in 6 contracts
Samples: Employment Agreement (Tri-S Security Corp), Employment Agreement (Tri-S Security Corp), Employment Agreement (Tri-S Security Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time time, or any subsequent time.
Appears in 6 contracts
Samples: Transition Services Agreement (Applied Biosystems Inc.), Employment Agreement (Motor Coach Industries International Inc), Employment Agreement (Motor Coach Industries International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to authorized by the Company (including any authorized officer or committee by the board of directors) and is in writing, a writing signed by the Executive Employee and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar breach, condition or provision at the same time, time or at any prior time or any subsequent time.
Appears in 6 contracts
Samples: Employment Agreement (Hostopia.com Inc.), Employment Agreement (Hostopia.com Inc.), Employment Agreement (Hostopia.com Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Xxxxx and by a duly authorized an officer of the CompanyCompany duly authorized to do so. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (Bluefly Inc), Employment Agreement (Bluefly Inc), Employment Agreement (Bluefly Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the CompanyCompany other that the Employee. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (Illinois Superconductor Corporation), Employment Agreement (Illinois Superconductor Corporation), Employment Agreement (Illinois Superconductor Corporation)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (Tivity Health, Inc.), Employment Agreement (Tivity Health, Inc.), Employment Agreement (Tivity Health, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive VP and by a duly authorized officer of the CompanyCompany other than VP. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (Nanophase Technologies Corporation), Employment Agreement (Nanophase Technologies Corporation), Employment Agreement (Nanophase Technologies Corporation)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCompany (other than Executive). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (Fotoball Usa Inc), Employment Agreement (Fotoball Usa Inc), Employment Agreement (Fotoball Usa Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of each of the Companyparties to this Agreement. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (White River Capital Inc), Employment Agreement (White River Capital Inc), Employment Agreement (White River Capital Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to authorized by the Company (including any authorized officer or committee of the Board of Directors) and is in writing, writing signed by the Executive and by a duly authorized officer representative of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar breach, condition or provision at the same time, time or at any prior time or any subsequent time.
Appears in 4 contracts
Samples: Executive Employment Agreement (Identive Group, Inc.), Executive Employment Agreement (Identive Group, Inc.), Executive Employment Agreement (Identive Group, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCompany and approved in advance by the Board. No Except as otherwise specifically provided in this Agreement, no waiver by any party either Party hereto of any breach by another party hereto the other Party of any condition or provision of this the Agreement to be performed by such other party Party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 4 contracts
Samples: Employment Agreement (Caseys General Stores Inc), Employment Agreement (Caseys General Stores Inc), Employment Agreement (Caseys General Stores Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time..
Appears in 4 contracts
Samples: Employment Agreement (Aytu Biopharma, Inc), Employment Agreement (Ampio Pharmaceuticals, Inc.), Employment Agreement (Ampio Pharmaceuticals, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 4 contracts
Samples: Employment Agreement (Digital Lava Inc), Employment Agreement (Digital Lava Inc), Employment Agreement (Siga Pharmaceuticals Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Xxxxxx and by a duly authorized an officer of the CompanyCompany duly authorized to do so. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 4 contracts
Samples: Employment Agreement (Bluefly Inc), Employment Agreement (Bluefly Inc), Employment Agreement (Bluefly Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Chairman of the Board or the Board and is agreed to in writing, signed by the Executive and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 4 contracts
Samples: Employment Agreement (Waterlink Inc), Employment Agreement (Waterlink Inc), Employment Agreement (Waterlink Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Xxxxx and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Siga Pharmaceuticals Inc), Employment Agreement (Siga Pharmaceuticals Inc), Employment Agreement (Siga Pharmaceuticals Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive XXXXX and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Consulting Agreement (Acorn Energy, Inc.), Employment Agreement (Acorn Energy, Inc.), Employment Agreement (Acorn Energy, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Compensation Committee of the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company, and shall not be binding upon Holdings without its written consent. No Except as otherwise specifically provided in this Agreement, no waiver by any party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (NPC Operating Co B, Inc.), Employment Agreement (NPC International Inc), Employment Agreement (NPC International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed . No provision to be performed by a party may be waived by the Executive and other except by a duly authorized officer of the Companyin writing. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other either party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent timeprovision.
Appears in 3 contracts
Samples: Consultancy Agreement and Amendment to Employment Agreement (Meredith Corp), Consultancy Agreement (Meredith Corp), Consultancy Agreement, Amendment to Employment Agreement and Amendment to Restricted Stock Agreements (Meredith Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to authorized by the Company (including any authorized officer or committee of the Board of Directors) and is in writing, writing signed by the Executive Provider and by a duly authorized officer representative of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar breach, condition or provision at the same time, time or at any prior time or any subsequent time.
Appears in 3 contracts
Samples: Consulting Agreement (Big Sky Energy Corp), Consulting Agreement (Big Sky Energy Corp), Consulting Agreement (Big Sky Energy Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Optionee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Stock Option Agreement (Idw Media Holdings, Inc.), Stock Option Agreement (Document Security Systems Inc), Non Qualified Stock Option Agreement (Us Solartech Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Compensation Committee of the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company, and shall not be binding on Holdings without its written consent. No Except as otherwise specifically provided in this Agreement, no waiver by any party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (NPC Operating Co B, Inc.), Employment Agreement (NPC International Inc), Employment Agreement (NPC International Inc)
Amendment or Modification; Waiver. No provision of this Agreement --------------------------------- may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (New World Pasta Co), Employment Agreement (New World Pasta Co), Employment Agreement (New World Pasta Co)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Xxxx and by a duly authorized officer of the CompanyCompany and approved in advance by the Compensation Committee. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Meredith Corp), Employment Agreement (Meredith Corp), Employment Agreement (Meredith Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a another duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Body Central Acquisition Corp), Employment Agreement (Body Central Acquisition Corp), Employment Agreement (Body Central Acquisition Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 3 contracts
Samples: Investment Agreement (Brera Capital Partners Lp), Employment Agreement (Safety Components International Inc), Employment Agreement (Safety Components International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by Company, agreed to in writing, and signed by the Executive you and by a duly authorized officer an officer, other than you, of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of in this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, time or at any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Simex Technologies Inc), Employment Agreement (Simex Technologies Inc), Employment Agreement (Simex Technologies Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Laves and by a duly authorized officer of the CompanyCompany other that Laves. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Illinois Superconductor Corporation), Employment Agreement (Illinois Superconductor Corporation), Employment Agreement (Illinois Superconductor Corporation)
Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, modified or waived, waived unless such amendment or waiver modification is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the party to be charged. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Integra Lifesciences Holdings Corp), Stock Unit Agreement (Allegheny Energy Inc), Stock Option Grant and Agreement (Integra Lifesciences Holdings Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Freedom and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Stock Option Agreement (Freedom Chemical Co), Stock Option Agreement (Freedom Chemical Co), Stock Option Agreement (Freedom Chemical Co)
Amendment or Modification; Waiver. No provision of this Agreement may ------------------------------------- be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Stock Option Agreement (Net2phone Inc), Stock Option Agreement (Net2phone Inc), Stock Option Agreement (Net2phone Inc)
Amendment or Modification; Waiver. No Except as set forth in the Plan, no provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Participant and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Restricted Stock Agreement (Enherent Corp), Stock Option Award Agreement (Enherent Corp), Stock Option Award Agreement (Enherent Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Xxxxxxx and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Everest Re Group LTD), Employment Agreement (Everest Re Group LTD), Employment Agreement (Everest Reinsurance Holdings Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, and is signed by both the Executive Option Holder and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Stock Option Agreement (Transportation Technologies Industries Inc), Stock Option Agreement (Innerworkings Inc), Stock Option Agreement (Transportation Technologies Industries Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of each of the CompanyCompany and the Bank. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Change in Control Agreement (Community First Inc), Change in Control Agreement (Community First Inc), Change in Control Agreement (Community First Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Chief Executive Officer or the Board and is agreed to in writing, signed by the Executive and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 3 contracts
Samples: Executive Employment Agreement (Waterlink Inc), Executive Employment Agreement (Waterlink Inc), Executive Employment Agreement (Waterlink Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, approved by the Board and is signed by the Executive and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any party hereto the Company or Executive of any breach by another party hereto the other of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 3 contracts
Samples: Officer's Employment Agreement (H Power Corp), Officer's Employment Agreement (H Power Corp), Employment Agreement (H Power Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Xxxxx and by a duly authorized officer of the CompanyCompany and approved in advance by the Board of Directors. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Caseys General Stores Inc), Employment Agreement (Caseys General Stores Inc), Employment Agreement (Caseys General Stores Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Schein and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Lev Pharmaceuticals Inc), Employment Agreement (Lev Pharmaceuticals Inc), Employment Agreement (Fun City Popcorn Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, modified or waived, waived unless such amendment amendment, modification or waiver is shall be agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto failure of any other party to keep or perform any covenant or condition or provision of this Agreement to be performed by such other party shall be deemed to be a waiver of a similar any preceding or dissimilar condition or provision at succeeding breach of the same timesame, any prior time or any subsequent timeother covenant or condition.
Appears in 2 contracts
Samples: Separation Agreement (Invitation Homes Inc.), Separation Agreement (BMC Stock Holdings, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Payner and by a duly authorized an officer of the CompanyCompany duly authorized to do so. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Bluefly Inc), Employment Agreement (Bluefly Inc)
Amendment or Modification; Waiver. No provision of this the Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Safety Components International Inc), Employment Agreement (Safety Components International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Siga Technologies Inc), Employment Agreement (Siga Technologies Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Board Director and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Board Member Agreement (XBiotech Inc.), Board Member Agreement (XBiotech Inc.)
Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a an officer of CP&L thereunto duly authorized officer of to do so. Except as otherwise specifically provided in the Company. No Agreement, no waiver by any a party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver wavier of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Carolina Power & Light Co), Employment Agreement (Carolina Power & Light Co)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board of Directors of the Company and is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCompany (other than Executive). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 2 contracts
Samples: Executive Chairman Agreement (Pra Group Inc), Executive Chairman Agreement (Pra Group Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive XXXXXXX and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Total Nutraceutical Solutions, Inc.), Employment Agreement (Oxis International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Konatich and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Siga Technologies Inc), Employment Agreement (Siga Technologies Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to authorized by the Company (including any committee by the board of directors) and is in writing, a writing signed by the Executive Contractor and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar breach, condition or provision at the same time, time or at any prior time or any subsequent time.
Appears in 2 contracts
Samples: Management Services Agreement (Hostopia.com Inc.), Management Services Agreement (Hostopia.com Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Schein and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Siga Pharmaceuticals Inc), Employment Agreement (Siga Technologies Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, changed, modified or waived, waived unless such amendment amendment, change, modification or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Diageo PLC), Executive Employment Agreement (Diageo PLC)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Schein and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Virologix Corp), Employment Agreement (Siga Pharmaceuticals Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive XXXXXX and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Total Nutraceutical Solutions, Inc.), Employment Agreement (Pharmos Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer officers of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Femasys Inc), Employment Agreement (Femasys Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended modified, waived or waived, discharged unless such amendment waiver, modification or waiver discharge is agreed to in writing, writing signed by the Executive and by a duly an authorized officer of the Company. No waiver by any party hereto at any time of any breach by another the other party hereto of of, or compliance with, any condition or provision of this Agreement to be performed by any such other party shall be deemed a waiver of a similar or dissimilar condition provisions or provision conditions at the same time, or at any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Consumers Energy Co), Employment Agreement (Genesis Health Ventures Inc /Pa)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Cross and by a duly authorized officer of the CompanyCompany other than Cross. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Nanophase Technologies Corporation), Employment Agreement (Nanophase Technologies Corporation)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Xxxxxxx and by a duly authorized officer of the CompanyCompany and approved in advance by the Compensation Committee. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Meredith Corp), Employment Agreement (Meredith Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the CEO and is agreed to in writing, signed by the Executive Employee and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Safety Components International Inc), Employment Agreement (Safety Components International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Xxxxxx and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Siga Technologies Inc), Employment Agreement (Siga Pharmaceuticals Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Companyeach party hereto. No Except as otherwise specifically provided in this Agreement, no waiver by any party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 2 contracts
Samples: Technology and Trademark Agreement (Webhelp Com Inc), Services Agreement (Webhelp Com Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Freedom Chemical Co), Employment Agreement (Freedom Chemical Co)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Park and by a duly authorized an officer of the CompanyCompany duly authorized to do so. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Bluefly Inc), Employment Agreement (Bluefly Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, and is signed by both the Executive Grantee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Restricted Stock Agreement (Transportation Technologies Industries Inc), Restricted Stock Agreement (Johnstown America Industries Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Consultant and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Consulting Agreement (Ckrush, Inc.), Consulting Agreement (Ckrush, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCompany and approved in advance by the Compensation Committee. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Meredith Corp), Employment Agreement (Meredith Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, and is signed by both the Executive Participant and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 2 contracts
Samples: Restricted Share Award Agreement (FreightCar America, Inc.), Restricted Share Award Agreement (FreightCar America, Inc.)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time time, or any subsequent time.
Appears in 2 contracts
Samples: Consulting Agreement (Blount International Inc), Consulting Agreement (Blount International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board, or any authorized committee of the Board, is agreed to in writing, and is signed by the Executive and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, time or at any prior time or any subsequent time.
Appears in 2 contracts
Samples: Executive Employment Agreement (Boston Private Financial Holdings Inc), Executive Employment Agreement (Boston Private Financial Holdings Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Mr. Masiz and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Vaso Active Pharmaceuticals Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer representative of AII and the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Samples: Management and Option Agreement (Harvard Industries Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Jxxxx and by a duly authorized an officer of the CompanyCompany duly authorized to do so. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Winterbottom and by a duly authorized officer or director of the Company, and approved in advance and authorized by the Board. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Officer and by a duly authorized officer of the CompanyCompany other than Executive Officer. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Nanophase Technologies Corporation)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Consultant and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Txxxxxx and by a duly authorized officer of each of the Companyother parties. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another any other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time."
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a another duly authorized officer of the CompanyCompanies. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Body Central Acquisition Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyWRC. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time time, or any subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any arty condition or provision of this Agreement to be he performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Safety Components International Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Cross and by a duly authorized officer of the CompanyCompany other that Cross. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Nanophase Technologies Corporation)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Companyparties hereto. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive GAMZU and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Pharmos Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the CEO and/or Board, agreed to in writing, and signed by the Executive Employee and by a duly authorized officer of the CompanyCompany (other than Employee). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Pra Group Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive Consultant and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.
Appears in 1 contract
Samples: Consulting Agreement (Motor Coach Industries International Inc)