Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 8 contracts
Samples: Change of Control Agreement (Dana Corp), Change of Control Agreement (Dana Corp), Change of Control Agreement (Dana Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived waived, unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors Board, and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 4 contracts
Samples: Employment Agreement (Catuity Inc), Employment Agreement (Catuity Inc), Employment Agreement (Catuity Inc)
Amendment or Modification; Waiver. No provision of this Executive Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board Boards of Directors Director of the Corporation Company or any authorized committee committees of the Board Boards of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Executive Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Executive Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 4 contracts
Samples: Executive Agreement (Sono Tek Corp), Executive Agreement (Sono Tek Corp), Executive Agreement (Sono Tek Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 4 contracts
Samples: Executive Agreement (Dana Corp), Executive Agreement (Dana Corp), Executive Agreement (Dana Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation Company or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (SavWatt USA, Inc.), Employment Agreement (Starinvest Group, Inc.), Employment Agreement (Exus Networks Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors of the Corporation and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 3 contracts
Samples: Change of Control Severance Benefits Agreement (Personnel Management Inc), Change of Control Severance Benefits Agreement (Personnel Management Inc), Change of Control Severance Benefits Agreement (Personnel Management Inc)
Amendment or Modification; Waiver. SECTION 8.01. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 3 contracts
Samples: Officer Severance Agreement (Millipore Corp /Ma), Officer Severance Agreement (Millipore Corp /Ma), Officer Severance Agreement (Millipore Corp /Ma)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation Millipore or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Millipore thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 3 contracts
Samples: Executive Termination Agreement, Executive Termination Agreement (Millipore Corp /Ma), Executive Termination Agreement (Millipore Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Dana Corp), Employment Agreement (Dana Corp), Employment Agreement (Dana Corp)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified amended or waived unless such amendment, modification amendment or waiver shall be is authorized by the Board of Directors of the Corporation Company or any authorized committee of the Board of Directors Compensation Committee thereof and shall be is agreed to in writing, signed by the Executive Rhein and by an officer of the Corporation Company thereunto duly authorizedauthorized by either the Board of Directors or the Compensation Committee. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Pioneer Standard Electronics Inc), Employment Agreement (Pioneer Standard Electronics Inc), Employment Agreement (Pioneer Standard Electronics Inc)
Amendment or Modification; Waiver. SECTION 14.01. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 2 contracts
Samples: Executive Termination Agreement (Millipore Corp /Ma), Executive Termination Agreement (Millipore Corp /Ma)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation Company or any authorized committee of the Board of Directors and shall be agreed to in writing, and signed by the Executive and by an a duly authorized officer of the Corporation thereunto duly authorizedCompany. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Churchill Downs Inc), Employment Agreement (Churchill Downs Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation Company or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no No waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Barringer Technologies Inc), Employment Agreement (Barringer Technologies Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be is authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors Company and shall be is agreed to in writing, signed by the Executive and by an officer of the Corporation Company (other than the Executive) thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either any party hereto of any breach by the any 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time; nor shall the receipt or acceptance of compensation or other benefits following any termination of the Executive's employment be deemed a waiver of any condition or provision hereof.
Appears in 2 contracts
Samples: Employment Agreement (Esynch Corp/Ca), Employment Agreement (Esynch Corp/Ca)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified amended or waived unless such amendment, modification amendment or waiver shall be is authorized by the Board of Directors of the Corporation Company or any authorized committee of the Board of Directors Compensation Committee thereof and shall be is agreed to in writing, signed by the Executive and Baymxx xxx by an officer of the Corporation Company thereunto duly authorizedauthorized by either the Board of Directors or the Compensation Committee. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Pioneer Standard Electronics Inc)
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be is authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors Company and shall be is agreed to in writing, signed by the Executive and by an officer of the Corporation Company (other than the Executive) thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either any party hereto of any breach by the any 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time; nor shall the receipt or acceptance of compensation or other benefits following any termination of the Executive's employment be deemed a waiver of any condition or provision thereof.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Employment Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive Mxxx and by an officer of the Corporation thereunto duly authorizedChief Executive Officer. Except as otherwise specifically provided in this Employment Agreement, no waiver by either party hereto of any breach by the other party hereto thereto of any condition or provision of this Employment Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Employment Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive Tse and by an officer of the Corporation thereunto duly authorizedChief Executive Officer. Except as otherwise specifically provided in this Employment Agreement, no waiver by either party hereto of any breach by the other party hereto thereto of any condition or provision of this Employment Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation "Company" or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive "Executive" and by an officer of the Corporation "Company" thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Employment Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board of Directors of the Corporation or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive Xxxx and by an officer of the Corporation thereunto duly authorizedChief Executive Officer. Except as otherwise specifically provided in this Employment Agreement, no waiver by either party hereto of any breach by the other party hereto thereto of any condition or provision of this Employment Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 1 contract
Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified amended or waived unless such amendment, modification amendment or waiver shall be is authorized by the Board of Directors of the Corporation or any authorized committee Compensation Committee of the Board of Directors and shall be is agreed to in writing, signed by the Executive Employee and by an a duly authorized officer of the Corporation thereunto duly authorizedCompany, and shall not be binding upon Parent without its written consent. Except as otherwise specifically provided in this Agreement, no waiver by either any party hereto of any breach by 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 subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.
Appears in 1 contract
Samples: Employment Agreement (NPC Restaurant Holdings, LLC)