Common use of Amendment or Waiver Clause in Contracts

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company, other than the Executive. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any such waiver must be in writing and signed by the Executive or an authorized officer of the Company, other than the Executive, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Party against whom it is being enforced (either the Executive or an authorized officer of the Company, as the case may be).

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive both Employee and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party any party of any breach by the any other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any Except as set forth in Exhibit B, any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this This Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by of both the Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer officers of the CompanyEmployer and Holdings. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer officers of the CompanyEmployer and Holdings, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer representative of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCorporation. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCorporation, as the case may be.

Amendment or Waiver. No provision in this 7.3.1. This Agreement may not be amended unless such amendment is agreed to in writing and signed by the Executive Contractor and an authorized officer of the Company. 7.3.2. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party shall party will be deemed a waiver of a any similar or dissimilar condition or provision at the same or any prior or subsequent timeprovision. Any waiver must be in writing and signed by the Executive Contractor or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompanies. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompanies, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any such waiver must be in writing and signed by the party granting the waiver, Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany specifically authorized to execute such amendment by the Board. No waiver by either any Party of any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or and an authorized officer of the Company, as Company specifically authorized to execute such waiver by the case may beBoard.

Amendment or Waiver. No provision in this The Agreement may cannot be changed, modified or amended unless such amendment is agreed to in writing and signed by without the written consent of both Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer the full Board of the CompanyDirectors. No waiver by either any Party of any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer and the full Board of the Company, as the case may beDirectors.

Amendment or Waiver. No provision in this This Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by of both the Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in provisions 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 or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the CompanyCompany and the Guarantors. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the CompanyCompany and the Guarantors, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Amendment or Waiver. No provision in of this Agreement may be amended modified, waived or discharged unless such amendment modification, waiver or discharge is agreed to in a writing and signed by the Executive Employee and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in of this Agreement to be performed by such other Party shall will be deemed a waiver of a similar or dissimilar any other condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive both Consultant and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this The Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by the of both Executive and an authorized officer of the Company. No waiver by either Party party at any time of any breach by the other Party party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an a duly authorized officer of the Company. No waiver by either Party the Company of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this (a) This Agreement may not be amended unless such amendment is agreed to in writing and signed by the Executive Consultant and an authorized officer of the Company. . (b) No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party shall party will be deemed a waiver of a any similar or dissimilar condition or provision at the same or any prior or subsequent timeprovision. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in of this Agreement may be amended amended, modified, waived or discharged unless such amendment amendment, waiver, modification or discharge is agreed to in a writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party hereto at any time of any breach by the other Party of party hereto of, or compliance with, any condition or provision contained in of this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition provisions or provision conditions at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer or director of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer or director of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer officers of the CompanyEmployer. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer officers of the CompanyEmployer, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company, other than the Executive. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.subsequent

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Consultant and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of and approved by the Company, as the case may beBoard.

Amendment or Waiver. No provision in this 6.5.1. This Agreement may not be amended unless such amendment is agreed to in writing and signed by the Executive Consultant and an authorized officer of the Company. 6.5.2. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a any similar or dissimilar condition or provision at the same or any prior or subsequent timeprovision. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an authorized officer of the CompanyExecutive. No waiver by either Party the Executive of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company, other than the Executive. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any such waiver must be in writing and signed by the Executive or an authorized officer of the Company, other than the Executive, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the CompanyCompany and Parent. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the CompanyCompany and Parent, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent timetime unless such waiver, by its express terms, so provides. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Service Provider and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive you or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to upon in writing and signed by both the Executive Employee and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer representative of the Company, as the case may be.

Amendment or Waiver. No provision in this 7.4.1 This Agreement may not be amended unless such amendment is agreed to in writing and signed by the Executive Contractor and an authorized officer of the Company. . 7.4.2 No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party shall party will be deemed a waiver of a any similar or dissimilar condition or provision at the same or any prior or subsequent timeprovision. Any waiver must be in writing and signed by the Executive Contractor or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer representative of the Company, as the case may be. The Company will advise the Compensation Committee of the Board of any waivers under, or amendments to, this Agreement.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany provided that the Company may, without the Executive’s consent, unilaterally adopt amendments that may be required so that this Agreement continues to comply with applicable law or regulations, including without limitation Section 409A of the Code. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Contractor and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Contractor or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany and the Parent (other than the Executive). No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany and the Parent (other than the Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Employee and an authorized officer of the CompanyCompany other than the Employee. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the CompanyCompany other than the Employee, as the case may be.

Amendment or Waiver. No provision in of this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party part of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of each of the CompanyCompany and Holding. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany or Holding, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or and an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Employee and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in of this Agreement may be amended unless and to the extent such amendment is agreed to in writing and signed by both the Executive Officer and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition condition, obligation, performance or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of party to be charged with the Company, as the case may bewaiver.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any such waiver must be in writing and signed by the party granting the waiver, Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Chairman and an authorized officer or director of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Chairman or an authorized officer or director of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized authorised officer of the CompanyCompany (other than the Executive). No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized authorised officer of the CompanyCompany (other than the Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in of this Agreement may be amended unless and to the extent such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition condition, obligation, performance or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of party to be charged with the Company, as the case may bewaiver.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized authorised officer of the CompanyCompany (other than the 22140645/10/L Executive). No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized authorised officer of the CompanyCompany (other than the Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Consultant and an authorized officer of the CompanyCompany specifically authorized to execute such amendment by the Board. No waiver by either any Party of any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or Consultant and an authorized officer of the Company, as Company specifically authorized to execute such waiver by the case may beBoard.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be. 22.

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is (1) agreed to in writing writing, and (2) the agreement is signed by the Executive and by an authorized officer of the CompanyCompany or its successor. No waiver by either Party any party hereto of any breach by the any other Party party of any condition or provision contained in of this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended ------------------- or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either Party of party hereto or any breach by the other Party party of any condition or provision contained in of this 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany and the Parent. No waiver by either any Party of any breach by the any other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany and the Parent, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an a duly authorized officer of the EXHIBIT A Company. No waiver by either Party the Company of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an a duly authorized officer of the Company. No waiver by either Party party of any breach by the other Party of any condition or provision contained in of this Agreement to be performed by such the other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this This Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by of both the Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar PETER ZEE EXECUTIVE EMPLOYMEXX XXXXXXENT VENDINGDATA OCTOBER 3RD, 2005 condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment is agreed to in writing and signed by the Executive and signed by Executive and by an authorized officer representative of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the CompanyEmployer other than Executive. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyEmployer, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may bemaybe.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any Except as set forth in Exhibit D, any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Consultant and an authorized officer officer, director, manager, or Member of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer officer, director, manager or Member of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive both Consultant and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party the Company or by the Executive of any breach by the other Party party to this Agreement of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement agreement may be amended unless such amendment is agreed to in writing and signed by the Executive you and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive party against whom it is being enforced (either you or an authorized officer of the Company, as the case may be).

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may bemaybe.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the CompanyEmployer other than the Executive. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyEmployer, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of P arty or any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company; and, if prior to the Effective Date, Bally. No waiver by either any Party of any breach by the any other Party of any condition or provision contained in this Agreement to be performed by such any other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany or Bally, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Employee and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by For the avoidance of doubt, the terms of any Other Award issued after the date hereof shall not limit or restrict the terms of this Agreement applicable to such Other Award unless the Executive executes a writing that specifically refers to the provisions of this Agreement to be limited or an authorized officer of the Company, as the case may berestricted.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive you and an authorized officer or director of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive you or an authorized officer or director of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be. 27.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Consultant and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company, XL and the Guarantor. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, XL and the Guarantor, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany and Bank. No waiver by either any Party of or any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany or Bank, as the case may be.. 16

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in of this Agreement Agree- ment to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing wilting and signed by the Executive and an authorized authorised officer of the CompanyCompany (other than the Executive). No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized authorised officer of the CompanyCompany (other than the Executive), as the case may be.

Amendment or Waiver. No provision in this Amended Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Amended Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party shall party will be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision provisions in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of or any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in of this Agreement may will be amended unless such amendment is agreed to amended, modified or waived except in writing and signed by the Executive you and an authorized officer of the CompanyCompany specifically authorized by the Board, which writing explicitly states the intent of the parties hereto to amend the terms herein. No waiver by either Party party of any breach of this Agreement by the other Party of any condition or provision contained in this Agreement to party will be performed by such other Party shall be deemed considered a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer other breach of the Company, as the case may bethis Agreement.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the CompanyCompany and XLGS. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any Except as set forth in Exhibit B, any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such the other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the CompanyCompany other than the Executive. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany other than the Executive, as the case may be.

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.