Common use of Amendment or Waiver Clause in Contracts

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing signed by the Parties. No waiver by either Party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 37 contracts

Samples: Employment Agreement (Ikon Office Solutions Inc), Senior Executive Employment Agreement (Ikon Office Solutions Inc), Senior Executive Employment Agreement (Ikon Office Solutions Inc)

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Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is set forth (1) agreed to in a writing writing, and (2) the agreement is signed by the PartiesExecutive and by authorized officers. No waiver by either Party any party hereto of any breach by any 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 any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 19 contracts

Samples: Employment Agreement (Assured Guaranty LTD), Employment Agreement (Assured Guaranty LTD), Employment Agreement (Assured Guaranty LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing and signed by the Parties. No waiver by either Party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing and signed by the waiving Party.

Appears in 12 contracts

Samples: Employment Agreement (RAM Holdings Ltd.), Employment Agreement (RAM Holdings Ltd.), Employment Agreement (RAM Holdings Ltd.)

Amendment or Waiver. No provision in of this Agreement may be amended unless such amendment is set forth in a writing that is signed by the PartiesParties and that specifically identifies the provision(s) being amended. No waiver by either Party any person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any breach of a similar or dissimilar condition or provision at the same or any prior or any subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partyperson.

Appears in 11 contracts

Samples: Restricted Stock Agreement (Mbia Inc), Restricted Stock Agreement (Mbia Inc), Restricted Stock Agreement (Mbia Inc)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is set forth agreed to in a writing writing, signed by the both Parties. No waiver by either one 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 any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 10 contracts

Samples: Consulting Agreement (Station Casinos LLC), Consulting Agreement (Red Rock Resorts, Inc.), Consulting Agreement (Red Rock Resorts, Inc.)

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

Appears in 9 contracts

Samples: Executive Severance Agreement (Affinity Gaming, LLC), Duty of Loyalty Agreement (Herbst Gaming, LLC), Executive Severance Agreement (Herbst Gaming, LLC)

Amendment or Waiver. No provision in this This Agreement may will not be amended unless such amendment except by written agreement that is set forth in a writing signed by the Partiesparties. No waiver by either Party of any obligation or any breach of any condition or provision contained in of this Agreement shall will be deemed a waiver of any similar effective or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth binding unless made in a writing and signed by the waiving Partyparty purporting to give the same and, unless otherwise provided, will be limited to the specific obligation or breach waived.

Appears in 8 contracts

Samples: Investor Rights Agreement (Trilogy International Partners Inc.), Investor Rights Agreement (Trilogy International Partners Inc.), Investor Rights Agreement (SG Enterprises, II LLC)

Amendment or Waiver. No provision in this Agreement may be ------------------- amended unless such amendment is set forth in a writing signed by the Parties. No waiver by either Party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 6 contracts

Samples: Employment Agreement (Ikon Office Solutions Inc), Employment Agreement (Ikon Office Solutions Inc), Employment Agreement (Ikon Office Solutions Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing that expressly refers to the provision of this Agreement that is being amended and that is signed by the PartiesExecutive and by an authorized officer of the Company. No waiver by either any Party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 5 contracts

Samples: Employment Agreement (Protective Insurance Corp), Non Compete, Severance & Confidentiality Agreement (Protective Insurance Corp), Employment Agreement (Protective Insurance Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing that specifically identifies the provision being amended and that is signed by the Parties. No waiver by either Party any person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing that specifically refers to the condition or provision that is being waived and is signed by the waiving Partyperson.

Appears in 5 contracts

Samples: Employment Agreement (Aventine Renewable Energy Holdings Inc), Employment Agreement (Aventine Renewable Energy Holdings Inc), Employment Agreement (Aventine Renewable Energy Holdings Inc)

Amendment or Waiver. No provision in this This Agreement may not be amended unless altered or amended, nor any rights hereunder be waived, except by an instrument in writing executed by the Party to be charged with such amendment is set forth in a writing signed by the Partiesor waiver. No waiver by either Party of any breach term, provision or condition of this Agreement, in any condition one or provision contained in this Agreement more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any similar other term, provision or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partyof this Agreement.

Appears in 5 contracts

Samples: Merger Agreement (Greene John F), Merger Agreement (Colorado Wyoming Reserve Co), Merger Agreement (Chaudhary Faisal)

Amendment or Waiver. No provision in of this Agreement may be amended or waived unless such amendment or waiver is set forth agreed to in a writing writing, signed by the PartiesConsultant and by a duly authorized officer of the Company. No waiver by either Party any party hereto of any breach by another party hereto of any condition or provision contained in of this Agreement to be performed by such other party shall be deemed a waiver of any a similar or dissimilar condition or provision at the same time, any prior time or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 4 contracts

Samples: Consulting and Non Competition Agreement, Consulting and Non Competition Agreement (Flag Financial Corp), Consulting and Non Competition Agreement (Flag Financial Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing that expressly refers to the provision of this Agreement that is being amended and that is signed by Executive and by an authorized officer of the PartiesCompany. No waiver by either Party party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partyparty and must specifically refer to the condition(s) or provision(s) of this Agreement being waived.

Appears in 4 contracts

Samples: Employment Agreement (Teva Pharmaceutical Industries LTD), Employment Agreement, Employment Agreement (Teva Pharmaceutical Industries LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing signed by the Parties. No waiver by either Party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing and signed by the waiving Party.

Appears in 4 contracts

Samples: Employment Agreement (Investment Technology Group Inc), Employment Agreement (Access Health Inc), Separation Agreement (Siliconix Inc)

Amendment or Waiver. No provision This Agreement shall not be modified in any respect except by a writing executed by all Parties to this Agreement. The waiver of any rights conferred by this Agreement may shall be amended unless such amendment is set forth effective only if made in a writing signed by the Partieswaiving Party. No The waiver by either any Party of any breach of any condition or provision contained in this Agreement shall not be deemed or construed as a waiver of any similar other breach, whether prior to, subsequent to, or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partycontemporaneous with this Agreement.

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing that specifically refers to this Agreement and is signed by the Parties. No waiver by either Party any Person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing that specifically refers to the condition or provision that is being waived and is signed by the waiving PartyPerson.

Appears in 3 contracts

Samples: Employment Agreement (Panolam Industries International Inc), Employment Agreement (Panolam Industries International Inc), Employment Agreement (Panolam Industries International Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless and to the extent such amendment is set forth agreed to in a writing and signed by the Partiesboth Executive and an authorized officer of Asyst. No waiver by either Party party of any breach by the other party of any condition condition, obligation, performance or provision contained in this Agreement shall be deemed a waiver of any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any Any waiver must be set forth in a writing and signed by the waiving Partyparty to be charged with the waiver.

Appears in 3 contracts

Samples: Change in Control Agreement (Asyst Technologies Inc), Change in Control Agreement (Asyst Technologies Inc), Change in Control Agreement (Asyst Technologies Inc)

Amendment or Waiver. No provision in of this Agreement may be amended unless such amendment is set forth in a writing signed by the Parties. No waiver by either Party any person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or any subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partyperson.

Appears in 3 contracts

Samples: Stock Option Agreement (Mbia Inc), Restricted Stock Award Agreement (Mbia Inc), Restricted Stock Award Agreement (Mbia Inc)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is set forth (1) agreed to in a writing writing, and (2) the agreement is signed by the PartiesExecutive and by authorized officers of AGC and AGL. No waiver by either Party any party hereto of any breach by any 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 any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 2 contracts

Samples: Employment Agreement (Assured Guaranty LTD), Employment Agreement (Assured Guaranty LTD)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is set forth agreed to in a writing writing, signed by the PartiesEmployee. No waiver by either Party the Employee 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 any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 2 contracts

Samples: Employment Agreement (Netgateway Inc), Employment Agreement (Ichargeit Inc)

Amendment or Waiver. No Any provision in of this Agreement may be amended unless or waived but such amendment is set forth in a or waiver shall become effective only when reduced to writing and signed by the Partiesall parties. No A waiver by either Party any party Stockholder of any breach of any condition or provision contained in this Agreement herein shall be deemed not constitute a waiver of such provision with respect to any similar subsequent event or dissimilar condition or of any other provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partycontained herein.

Appears in 2 contracts

Samples: Stock Rights and Restrictions Agreement (Vermont Teddy Bear Co Inc), Stock Rights and Restrictions Agreement (Vermont Teddy Bear Co Inc)

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Amendment or Waiver. No provision This Agreement cannot be changed, modified or amended, nor may any of its provisions be waived, without the consent in this Agreement may be amended unless such amendment is set forth in a writing signed by the Partiesof both parties. No waiver by either Party party at any time of any breach by the other party of any condition or provision contained in of this Agreement shall be deemed a waiver of any a similar or dissimilar condition or provision at the same or at any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 2 contracts

Samples: Duty of Loyalty Agreement, Duty of Loyalty Agreement (Affinity Gaming, LLC)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing signed by the Partiesparties. No waiver by either Party party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partyparty.

Appears in 1 contract

Samples: Executive Employment Agreement (Vie Financial Group Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing that specifically refers to this Agreement and is signed by the Parties. No waiver by either Party any Person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.breach

Appears in 1 contract

Samples: Employment Agreement (Panolam Industries International Inc)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is set forth agreed to in a writing writing, signed by the Partiesconsultant. No waiver by either one 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 any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 1 contract

Samples: Consulting Agreement (Station Casinos Inc)

Amendment or Waiver. No provision This Agreement cannot be changed, modified or amended without the consent in this Agreement may be amended unless such amendment is set forth in a writing signed by the Partiesof both parties. No waiver by either Party party at any time of any breach by the other party of any condition or provision contained in of this Agreement shall be deemed a waiver of any a similar or dissimilar condition or provision at the same or at any prior or subsequent time. To be effective, any Any waiver must be set forth in a writing and signed by you or an authorized officer of the waiving PartyCompany, as the case maybe.

Appears in 1 contract

Samples: Executive Agreement (Affinity Gaming)

Amendment or Waiver. No provision in this Agreement may be ------------------- amended unless such amendment is set forth in a writing that specifically refers to this Agreement and is signed by the Parties. No waiver by either Party any Person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing that specifically refers to the condition or provision that is being waived and is signed by the waiving PartyPerson.

Appears in 1 contract

Samples: Employment Agreement (Panolam Industries Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing that specifically identifies the provision being amended and that is signed by the both Parties. No waiver by either Party any Person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 1 contract

Samples: Separation Agreement (Vici Properties Inc.)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is set forth agreed to in a writing writing, signed by all of the PartiesParties hereto. No waiver by either Party one party of any breach by any 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 any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Party.

Appears in 1 contract

Samples: Assignment Agreement (Owens Mortgage Investment Fund a Calif LTD Partnership)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth in a writing and signed by the Parties. No waiver by either Party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing and signed by the waiving Party. The Parties agree that this Agreement shall be amended and/or modified as necessary to comply with Code Section 409A or regulations issued thereunder.

Appears in 1 contract

Samples: Employment Agreement (State Auto Financial CORP)

Amendment or Waiver. No provision in this Option Agreement may be amended unless such amendment is set forth agreed to in a writing and signed by each of the Partiesparties hereto. No waiver by either Party party of any breach by the other party of any condition or provision contained in this Option Agreement to be performed by such other party shall be deemed a waiver of any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any Any waiver must be set forth in a writing and signed by each of the waiving Partyparties hereto.

Appears in 1 contract

Samples: Option Agreement (Pro Net Link Corp)

Amendment or Waiver. No provision in this Agreement may be amended ------------------- unless such amendment is set forth in a writing signed by the Parties. No waiver by either Party of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any waiver must be set forth in a writing and signed by the waiving Party.

Appears in 1 contract

Samples: Separation Agreement (Access Health Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is set forth agreed to in a writing and signed by each of the Parties. No waiver by either any Party of any breach by 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 any a similar or dissimilar condition or provision at the same or any prior or subsequent time. To be effective, any Any waiver must be set forth in a writing and signed by each of the waiving PartyParties effected by such waiver.

Appears in 1 contract

Samples: Employment Agreement (Pro Net Link Corp)

Amendment or Waiver. No provision in of this Agreement may be amended unless such amendment is set forth in a writing signed by the Parties. No waiver Waiver by either Party any person of any breach of any condition or provision contained in this Agreement shall be deemed a waiver of any similar or dissimilar condition or provision at the same or any prior or any subsequent time. To be effective, any waiver must be set forth in a writing signed by the waiving Partyperson.

Appears in 1 contract

Samples: Stock Option Agreement (Mbia Inc)

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