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: Senior Executive Employment Agreement (Ikon Office Solutions Inc), 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 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 (Red Rock Resorts, Inc.), Consulting Agreement (Red Rock Resorts, Inc.), Consulting Agreement (Station Casinos 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 Except as otherwise specifically provided herein, this Agreement may not be modified, waived, amended or supplemented unless such modification, waiver, amendment or supplement is set forth in a writing and has been signed by the Partieseach Party. No waiver by either Party of any breach of any condition or provision contained in the provisions of this Agreement shall be deemed or constitute a waiver of any similar other provision of this Agreement, whether or dissimilar condition or provision at the same or any prior or subsequent time. To be effectivenot similar, nor shall any waiver must be set forth in deemed a writing signed by the waiving Partycontinuing waiver (unless such waiver expressly provides otherwise).

Appears in 5 contracts

Samples: Plan Support Agreement (Franklin Credit Holding Corp/De/), Plan Support Agreement (Apex Silver Mines LTD), Plan Support Agreement (D. E. Shaw Laminar Portfolios, L.L.C.)

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), 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: Agreement and Plan of Merger (Chaudhary Faisal), Agreement and Plan of Merger (Stewart Cindy L), Agreement and Plan of Merger (Colorado Wyoming Reserve Co)

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), Agreement (Access Health Inc), Separation Agreement and Mutual Release (Siliconix Inc)

Amendment or Waiver. No provision in Except as otherwise specifically provided herein, this Agreement may not be modified, amended unless such amendment is set forth in a writing signed by or supplemented without the prior written consent of the Required Parties. No waiver by either Party of any breach of any condition or provision contained in the provisions of this Agreement shall be deemed or constitute a waiver of any similar other provision of this Agreement, whether or dissimilar condition or provision at the same or any prior or subsequent time. To be effectivenot similar, nor shall any waiver must be set forth in deemed a writing signed by the waiving Partycontinuing waiver.

Appears in 4 contracts

Samples: Plan Support Agreement (Adelphia Communications Corp), Plan Support Agreement (Petroleum Geo Services Asa), Plan Support Agreement (Petroleum Geo Services Asa)

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 Except as otherwise specifically provided herein, this Agreement may not be modified, amended unless such amendment is set forth in a writing signed by or supplemented without the prior written consent of the Parties. No waiver by either Party of any breach of any condition or provision contained in the provisions of this Agreement shall be deemed or constitute a waiver of any similar other provision of this Agreement, whether or dissimilar condition or provision at the same or any prior or subsequent time. To be effectivenot similar, nor shall any waiver must be set forth in deemed a writing signed by the waiving Partycontinuing waiver.

Appears in 2 contracts

Samples: Released Based Amount Agreement (Xcel Energy Inc), Amount Agreement (Xcel Energy Inc)

Amendment or Waiver. No provision in Except as otherwise specifically provided herein, this Agreement may not be modified, waived, amended or supplemented unless such modification, waiver, amendment or supplement is set forth in a writing and has been signed by each of the Parties. No waiver by either Party of any breach of any condition or provision contained in the provisions of this Agreement shall be deemed or constitute a waiver of any similar other provision of this Agreement, whether or dissimilar condition or provision at the same or any prior or subsequent time. To be effectivenot similar, nor shall any waiver must be set forth in deemed a writing signed by the waiving Partycontinuing waiver.

Appears in 2 contracts

Samples: Restructuring and Plan Support Agreement (RAIT Financial Trust), Restructuring and Plan Support Agreement (RAIT Financial Trust)

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)

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)

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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 and Mutual Release (Access Health 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 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 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 International 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: 1 Agreement (Pro Net Link Corp)

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 in Except as otherwise specifically provided herein, this Agreement may not be amended modified, waived, amended, or supplemented unless such amendment modification, waiver, amendment, or supplement is set forth in a writing and has been signed by each of the Parties. No waiver by either Party of any breach of any condition or provision contained in the provisions of this Agreement shall be deemed or constitute a waiver of any similar other provision of this Agreement, whether or dissimilar condition or provision at the same or any prior or subsequent time. To be effectivenot similar, nor shall any waiver must be set forth in deemed a writing signed by the waiving Partycontinuing waiver.

Appears in 1 contract

Samples: Restructuring and Plan Support Agreement (Charge Enterprises, 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 and Release (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 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: Consulting Agreement (Vici Properties 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 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)

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 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: Agreement (Vie Financial Group Inc)

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