Common use of Amendment; Waiver Clause in Contracts

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended and any of its terms or conditions may be waived in any manner, except only by a written instrument executed by an instrument authorized signatory of the Parties or, in writing signed the case of a waiver, by both parties heretothe Party waiving compliance. The failure of either Party at any time or times to require performance of any provision hereof shall in no manner affect its rights at a later time to enforce the same. No waiver by either party Party of compliance with any provision of this Agreement by the other party condition or term shall not operate or be construed deemed as a further or continuing waiver of such condition or term or of any other provision of this Agreement, condition or of any subsequent breach by such party of a provision of this Agreementterm.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both the parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the parties hereto or from any failure by the other either party shall not operate hereto to assert its rights hereunder on any occasion or be construed as a waiver series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Except as otherwise provided herein, this Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties Parties hereto. The No waiver by either party Party at any time of any breach by the other Party hereto or compliance with any condition or provision of this Agreement to be performed by the such other party shall not operate or Party will be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be modifiedamended, amended supplemented or waived in otherwise modified only by a written instrument executed by each of the parties hereto. No waiver by any manner, except by an instrument party of any of the provisions hereof will be effective unless explicitly set forth in writing signed and executed by both parties heretothe party so waiving. The waiver by either any party hereto of compliance with a breach of any provision of this Agreement by the other party shall will not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretoon behalf of each of the parties. Any agreement on the part of a party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. The waiver by either failure of any party of compliance with any provision of to this Agreement by the other party to assert any of its rights under this Agreement or otherwise shall not operate or be construed as constitute a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementrights.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both the parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the parties or from any failure by the other either party shall not operate to assert its or be construed as a waiver his rights hereunder on any occasion or series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, except by an instrument unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended, supplemented or otherwise modified only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. (a) This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with and any provision of this Agreement may be waived, provided that any such amendment or waiver will be binding upon a Party only if such amendment or waiver is set forth in a writing executed by such Party. No course of dealing between the other party shall not operate Parties will be deemed effective to modify, amend or be construed as a waiver discharge any part of this Agreement or any rights or obligations of any other provision of this Agreement, Party under or of any subsequent breach by such party of a provision reason of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both the parties hereto. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretothe written consent of the parties. The No waiver by either party of compliance with any provision of this Agreement may be implied from any course of dealing between the parties or from any failure by the other a party shall not operate to assert its rights under this Agreement on any occasion or be construed as a waiver series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both the parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, except by an instrument unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived only in any manner, except by an instrument in a writing signed by both parties heretoparties. The waiver by either failure of a party of compliance with to insist upon strict adherence to any provision term of this Agreement by the other party on any occasion shall not operate or be construed as considered a waiver of any other provision of this Agreement, such party’s rights or of any subsequent breach by deprive such party of a provision the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Amendment; Waiver. This Agreement may not be amended or modified, amended in whole or waived in any mannerpart, except by an instrument in a writing signed by duly authorized representative of both parties heretoParties. The waiver No provision or part of this Agreement or remedy hereunder may be waived except by a writing signed by a duly authorized representative of the Party making the waiver. Failure or delay by either party of compliance with Party to enforce any provision of this Agreement by the other party shall will not operate or be construed as deemed a waiver of future enforcement of that or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretoon behalf of each of the Parties. Any agreement on the part of either Party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The waiver by failure of either party Party to assert any of compliance with any provision of its rights under this Agreement by the other party or otherwise shall not operate or be construed as constitute a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementrights.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both the parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the parties hereto or from any failure by the other any party shall not operate hereto to assert its rights hereunder on any occasion or be construed as a waiver series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto. The No waiver by either party hereto at any time of any breach by the other party hereto or compliance with any condition or provision of this Agreement to be performed by the such other party shall not operate or will be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an instrument or instruments in writing signed by both the parties hereto. The waiver Any party may waive compliance by either party of compliance another with any provision of the provisions of this Agreement by the other party Agreement. No waiver of any provision hereof shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision. Any waiver must be in writing.

Amendment; Waiver. This No modification or amendment to this Agreement may not shall be modified, amended or waived in any manner, except by an instrument valid unless made in writing and signed by both all parties hereto. The Any waiver by either any party of compliance with any violation of, breach of or default under any provision of this Agreement by the other party shall not operate or be construed as as, or constitute, a continuing waiver of such provision, or waiver of any other violation of, breach of or default under any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modifiedamended, amended modified or waived supplemented in any manner, whether by course of conduct or otherwise, except by an instrument in writing signed by both parties heretoeach of the parties. The waiver Any party hereto may, to the extent permitted by either party of Law, waive compliance with any provision of the agreements or conditions for the benefit of such party contained herein if such waiver is set forth in an instrument in writing signed on behalf of such party. Any delay in exercising any right under this Agreement by the other party shall not operate or be construed as constitute a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementright.

Amendment; Waiver. This Agreement may not be modified, modified or amended or waived in any manner, manner except by an instrument in writing signed a written agreement executed by both the parties heretohereto or their respective successors and legal representatives. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of or a provision of this Agreement.

Amendment; Waiver. This Agreement may shall not be modifiedchanged, modified or amended or waived in any manner, respect except by an instrument in writing signed by both the mutual written agreement of the parties hereto. The Any provision of this Agreement may be waived in writing by the party which is entitled to the benefits thereof. No waiver by either party of compliance with any provision of this Agreement by the other party shall not operate be deemed to or be construed as shall constitute a waiver of any other provision of this Agreementhereof (whether or not similar), or of nor shall any subsequent breach by such party of waiver constitute a provision of this Agreementcontinuing waiver.

Amendment; Waiver. This Agreement may not be modified, modified or amended or waived in any manner, except by an instrument in writing signed by both parties heretothe parties. The waiver by either party of compliance with any provision No term or condition of this Agreement will be deemed to have been waived except in writing by the other party charged with waiver. A waiver shall operate only as to the specific term or condition waived and will not operate or be construed as constitute a waiver of any for the future or act on anything other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementthan that which is specifically waived.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived modified in any manner, respect except by an a writing executed by all the Parties hereto, and the waiver of any rights conferred hereunder shall be effective only if made by written instrument in writing signed by both parties heretoof the waiving Party. The waiver by either party any Party of compliance with any provision breach of this Agreement by the other party shall not operate be deemed or be construed as a waiver of any other provision of this Agreementbreach, whether prior, subsequent or of any subsequent breach by such party of a provision of this Agreementcontemporaneous.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument signed by all the Parties. No waiver by any Party of any provision hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe Party so waiving. The waiver by either party Party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This No provision of this Agreement may not be modified, modified or amended or waived in any manner, except by an instrument in other than through a writing that is signed by both parties heretothe Parties and that expressly identifies the provision being modified or amended. The No waiver by either party Party at any time of any breach by the other Party hereto of compliance with any provision of this Agreement to be performed by such other Party will be effective unless in a signed writing that expressly identifies the other party provision of this Agreement that is being waived, nor shall not operate or be construed as any such waiver, deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument in writing signed by both parties heretoParties. No waiver by any Party of any provision hereof shall be effective unless explicitly set forth in writing and executed by the Party so waiving. The waiver by either party Party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both the parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver wavier of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Except as otherwise provided herein, his Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties Parties hereto. The No waiver by either party Party at any time of any breach by the other Party hereto or compliance with any condition or provision of this Agreement to be performed by the such other party shall not operate or Party will be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be amended, modified, amended waived or waived in any manner, canceled except by an instrument in a writing signed by both parties each party hereto. The No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with with, any condition or provision of this Agreement to be performed by the such other party shall not operate or be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be modified, amended or modified only in a writing referencing this Agreement and duly executed by the Parties. The provisions of this Agreement may be waived only in any manner, except by an instrument in a writing referencing this Agreement signed by both parties hereto. The the Party from whom the waiver by either party of compliance with is sought, and a Party may enforce any provision of this Agreement by the other party shall not operate or be construed as even if it has previously granted a waiver of or failed to enforce that or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an instrument in a writing signed executed by both of the parties hereto. The waiver by either any party hereto of compliance with any breach of any provision of this Agreement by the other party hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereunder.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto; provided, however, that any such modification, amendment or waiver on the part of the Company shall have been previously approved by the Board. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived only in any manner, except by an instrument in a writing signed by both parties heretoparties. The waiver by either failure of a party of compliance with to insist upon strict adherence to any provision term of this Agreement by the other party on any occasion shall not operate or be construed as considered a waiver of any other provision of this Agreement, such party's rights or of any subsequent breach by deprive such party of a provision the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Amendment; Waiver. This Agreement The provisions of this Agreement, or of any agreement or document executed in connection with this Agreement, may not be modified, amended or waived only in any manner, except by an instrument in writing a written agreement signed by both parties heretothe party against which enforcement of such amendment or waiver is sought. The Any waiver by either party of compliance with any provision of right or breach under this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementright or breach.

Amendment; Waiver. This The terms, provisions, and conditions of this Agreement may not be modifiedchanged, modified or amended or waived in any manner, manner except by an instrument in a writing signed executed by both parties heretoparties. The waiver by either party of compliance with any breach of any provision of this Agreement by the other any party hereto shall not operate or be construed as deemed to be a waiver of any other provision preceding or subsequent breach of this Agreement, or of any subsequent breach Agreement and no such waiver shall be effective unless in writing signed by the party granting such party of a provision of this Agreementwaiver.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument in writing signed by both parties heretoparties. No waiver by any party of any provision hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. The waiver by either party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both parties heretothe Parties. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the Parties or from any failure by the other party shall not operate either Party to assert its or be construed as a waiver his rights hereunder on any occasion or series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument in writing signed by authorized agents of both parties heretoparties. The waiver Failure by either party of compliance with to enforce any provision of this Agreement by the other party shall will not operate or be construed as deemed a waiver of future enforcement of that or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may not be amended or modified, amended in whole or waived in any mannerpart, except by an instrument in a writing signed by duly authorized representatives of both parties heretoParties. The waiver No provision or part of this Agreement or remedy hereunder may be waived except by a writing signed by a duly authorized representative of the Party making the waiver. Failure or delay by either party of compliance with Party to enforce any provision of this Agreement by the other party shall will not operate or be construed as deemed a waiver of future enforcement of that or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto; provided, however, that any such modification, amendment or waiver on the part of the Company shall have been previously approved by the Board. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, Agreement or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This No amendment to this Agreement may not shall be modified, amended or waived in any manner, except by an instrument valid unless such amendment is in writing and is signed by both of the parties heretoto this Agreement. The Any of the terms and conditions of this Agreement may be waived at any time in writing by the party entitled to the benefit thereof, but a waiver by either party of compliance with in one instance shall not be deemed to constitute a waiver in any other instance. A failure to enforce any provision of this Agreement by the other party shall not operate or be construed as a waiver of the provision or of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument signed by all the parties hereto. No waiver by any party of any provision hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe party so waiving. The waiver by either party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Except as otherwise expressly provided herein, this Agreement may shall not be modifiedamended, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with nor shall any provision of this Agreement be considered modified or waived, unless evidenced in writing signed by the other party shall to be charged with such amendment, waiver or modification. A waiver on one occasion will not operate or be construed as deemed to be a waiver of the same or any other provision of this Agreement, or of any subsequent breach by such party of on a provision of this Agreementfuture occasion.

Amendment; Waiver. This Agreement may not be modified, modified or amended or waived in any manner, except by an instrument in writing signed executed by both all of the parties hereto. The No waiver by either party of compliance with any provision breach of any of the terms of this Agreement shall be effective unless such waiver is in writing and signed by the other party against whom such waiver is claimed. No waiver of any breach shall not operate or be construed as deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretoParties. The waiver by either party Party of compliance with any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party Party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretothe Parties. The waiver by either party Party of compliance with any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party Party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto, provided, however, that any such modification, amendment or waiver on the part of the Company shall have been previously approved by the Board. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Except as expressly provided hereunder, this Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both parties the Parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the Parties or from any failure by the other either party shall not operate to assert its or be construed as a waiver his rights hereunder on any occasion or series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument signed by all the Parties hereto. No waiver by any Party of any provision hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe Party so waiving. The waiver by either party Party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both all the parties hereto. The Any waiver by either party of compliance with any provision of this Agreement by the other party term or condition shall not operate or be construed as a waiver of any subsequent breach or a subsequent waiver of the same term or condition, or a waiver of any other provision term or condition, of this Agreement, or . The failure of any subsequent breach by party to assert any of its rights hereunder shall not constitute a waiver of any of such party of a provision of this Agreementrights.

Amendment; Waiver. This No provision of this Agreement may not be modifiedamended, amended waived or waived in any manner, modified except by an instrument or instruments in writing signed by both all the parties hereto. The waiver by either failure of any party of compliance with hereto to enforce at any time any provision of this Agreement by the other party hereof shall not operate or be construed as to be a waiver of such provision, nor in any other provision of this Agreement, way to affect the validity hereof or any part hereof or the right of any subsequent breach by party thereafter to enforce each and every such party of a provision of this Agreementprovision.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, except by an instrument ----------------- unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended, supplemented or otherwise modified only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. This Agreement may shall not be modifiedamended, amended modified or waived in any mannersupplemented, except by an instrument in writing signed by both parties heretoparties. The waiver by either party Party hereto of compliance with a breach or violation of any term or provision of this Agreement by the other party shall not operate or nor be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementor violation.

Amendment; Waiver. This Agreement may not only be modified, amended or waived in any manner, except by an instrument in writing written agreement signed by both the parties hereto. The A waiver by either party the Company or Executive of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementthe other party.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties heretothe parties. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement No provision of this agreement may not be modified, amended waived, or waived in any manner, discharged except by an instrument in a writing signed by both parties heretoparties. The waiver by failure of either party of to insist upon strict compliance with any provision of this Agreement by the other agreement or assert any right either party shall may have hereunder does not operate or be construed as constitute a waiver of any other the provision of or right under this Agreement, or of any subsequent breach by such party of a provision of this Agreementagreement.

Amendment; Waiver. This Agreement may not be modifiedamended, amended or waived and any provision hereof waived, but only in any manner, except by an instrument in a writing signed by both parties heretothe party against whom such amendment or waiver is sought to be enforced. The granting of any waiver by either party of compliance with respect to any failure to comply with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreementof, or of estoppel with respect to, any subsequent breach by such party of a or other failure to comply with any provision of this Agreement.

Amendment; Waiver. This Agreement may not be modifiedamended, amended supplemented or waived in any manner, except otherwise modified only by an instrument agreement in writing signed by both parties hereto. The waiver by either a party of compliance with any breach of any provision of this Agreement by the other party shall will not constitute or operate or be construed as a waiver of any other breach of such provision of this Agreement, or of any subsequent breach by other provision hereof, nor will any failure to enforce any provision hereof operate as a waiver of such party provision or of a any other provision of this Agreementhereof.

Amendment; Waiver. This Agreement may not only be modified, amended or waived in any manner, except by an instrument in writing written agreement signed by both the parties hereto. The A waiver by either party the Company or Employee of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementthe other party.

Amendment; Waiver. This Subject to Section 8, this Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party (including the failure to insist upon strict compliance with any term, covenant or condition) shall not operate or be construed as a waiver of (i) any other provision of this Agreement, or of (ii) any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both on behalf of each of the parties heretoto this Agreement. The waiver by either failure of any party of compliance with any provision of to this Agreement by the other party to assert any of its rights under this Agreement or otherwise shall not operate or be construed as constitute a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementrights.

Amendment; Waiver. This No amendment to this Agreement shall be valid unless such amendment is in writing and is signed by the party against whom enforcement is sought. Any of the terms and conditions of this Agreement may be waived at any time in writing by the party entitled to the benefit thereof, but a waiver in one instance shall not be modified, amended or waived deemed to constitute a waiver in any manner, except by an instrument in writing signed by both parties heretoother instance. The waiver by either party of compliance with A failure to enforce any provision of this Agreement by the other party shall not operate or be construed as a waiver of the provision or of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except (a) by an instrument in writing signed by both by, or on behalf of, the parties hereto. The waiver by either party of compliance by the other party with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This The provisions of this Agreement may not be modified, amended or waived in any manner, except only by an instrument in writing signed by both parties heretothe party against which enforcement of such amendment or waiver is sought. The Any waiver by either party of compliance with any provision term or condition of this Agreement by the other party or any breach hereof shall not operate or be construed as a waiver of any other such term, condition or breach, and no failure to enforce any provision hereof shall operate as a waiver of this Agreement, such provision or of any subsequent breach by such party of a other provision of this Agreementhereof.

Amendment; Waiver. This Agreement may not be modified, amended amended, or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modifiedamended, amended supplemented or waived in otherwise modified only by a written instrument executed by the Parties hereto. No waiver by either Party of any manner, except by an instrument of the provisions hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe Party so waiving. The waiver by either party any Party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may cannot be modifiedterminated, altered or amended or waived in any manner, except by pursuant to an instrument in writing signed by both parties hereto. The waiver by either party the each of compliance with Stockholder and the Optionholder, except that any provision of the terms or provisions of this Agreement may be waived in writing at any time by the other party shall not operate which is entitled to the benefits of such waived terms or be construed as a provisions. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver or any other provision of this Agreement, hereof (whether or of any subsequent breach by such party of a provision of this Agreementnot similar).

Amendment; Waiver. This Agreement may not be modifiedamended, amended supplemented or waived in any manner, except otherwise modified only by an a written instrument in writing signed executed by both the parties hereto. The No waiver by either party of compliance with any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. The waiver by any party hereto of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision the parties, and no term of this Agreement may be waived except by a writing signed by the other party waiving the benefit of such terms. No waiver by the parties hereto of any default or breach of any term, condition or covenant of this Agreement shall not operate or be construed as deemed to be a waiver of any subsequent default or breach of the same or any other provision of this Agreementterm, condition or of any subsequent breach by such party of a provision of this Agreementcovenant contained herein.

Amendment; Waiver. This Agreement may not be modified, modified or amended or waived except in any manner, except a writing duly executed by an instrument in writing signed by both the parties hereto. The No waiver by either party of compliance with any breach of any provision of this Agreement by the other party shall not operate or be construed as deemed a waiver of any similar or any other provision of this AgreementAgreement at the same or any prior or subsequent time. To be effective, or of any subsequent breach a waiver must be set forth in writing signed by such the waiving party of a and must specifically refer to this Agreement and the provision of this Agreementbeing waived.

Amendment; Waiver. This Agreement may shall not be modifiedchanged, modified or amended or waived in any manner, respect except by an instrument in writing signed by both the mutual written agreement of the parties hereto. The Any provision of this Agreement may be waived in writing by the party which is entitled to the benefits thereof. No waiver by either party of compliance with any provision of this Agreement by the other party shall not operate be deemed to or be construed as shall constitute a waiver of any other provision of this Agreementhereof or thereof (whether or not similar), or of nor shall any subsequent breach by such party of waiver constitute a provision of this Agreementcontinuing waiver.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties heretoExecutive and the Company. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement (together with the Exhibits hereto) may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modifiedamended, amended or waived in and the observance of any mannerterm may be waived, except by an instrument in writing signed by only with the written consent of both parties heretoParties. The Any waiver by either party Party hereto of compliance with any provision of this Agreement by the other party shall will not operate or be construed as a waiver of any other provision of this Agreement, nor will such waiver be construed as a waiver of such provision with respect to any other event or of any subsequent breach by such party of a provision of this Agreementcircumstance, whether past, present or future.

Amendment; Waiver. This Agreement may shall not be modified, modified or amended or waived in any manner, except by an instrument in writing written document signed by both parties heretothe Parties. The waiver by either party of compliance with any No provision of this Agreement shall be deemed waived, unless such waiver shall be in writing and signed by the other party Party against which the waiver is sought. The waiver of any default of any provision hereof shall not operate or be construed as to be a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementsucceeding default.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any No provision of this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing, signed by Executive and the Board. Waiver by either party hereto of any breach or default by the other party of any term or provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, breach or of any subsequent breach by such party of a provision of this Agreementdefault.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an instrument in writing signed duly executed by both each of the parties hereto. The waiver by either party of compliance with any Any term or provision of this Agreement may be waived at any time (whether before or after Company Stockholder Approval has been obtained) by the other party shall entitled to the benefit thereof by a written instrument duly executed by such party. Any waiver so granted will not operate or be construed as a waiver of any other provision subsequent breach or waiver of this Agreementthe same term or condition, or a waiver of any subsequent breach by such party of a provision other term or condition of this Agreement.

Amendment; Waiver. This Agreement may cannot be modifiedaltered, amended amended, changed, waived, terminated, or waived modified in any manner, except by an instrument respect unless the same shall be in writing and signed by both parties heretothe party to be charged therewith. The No waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. (a) This Agreement may cannot be modified, amended or waived in any manneramended, except by an instrument in a writing signed by both parties heretoeach of the Parties and cannot be terminated orally or by course of conduct. The waiver No provision hereof can be waived, except by either party of compliance with any provision of this Agreement a writing signed by the other party Party against whom such waiver is to be enforced, and any such waiver shall not operate or be construed as a apply only in the particular instance in which such waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementshall have been given.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an instrument in writing signed duly executed by both each of the parties hereto. The waiver by either party of compliance with any Any term or provision of this Agreement may be waived at any time by the other party shall entitled to the benefit thereof by a written instrument duly executed by such party. Any waiver so granted will not operate or be construed as a waiver of any other provision subsequent breach or waiver of this Agreementthe same term or condition, or a waiver of any subsequent breach by such party of a provision other term or condition of this Agreement.

Amendment; Waiver. This Agreement may be amended only in a writing clearly setting forth the amendment(s) and executed by both parties. Any waiver of a term or condition of this Agreement in one instance shall not be modified, amended or waived deemed to constitute a waiver in any manner, except by an instrument in writing signed by both parties heretoother instance. The waiver by either party of compliance with A failure to enforce any provision of this Agreement by the other party shall not operate or be construed as a waiver of such provision or of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.

Amendment; Waiver. This Any modifications or amendments to this Agreement may not must be modified, amended or waived in any manner, except by an instrument in writing and signed by both parties heretoparties. The Any waiver by either party of compliance with a breach of any provision of this Agreement by the other party shall will not operate as or be construed as to be a waiver of any other breach of that or any other provision of this Agreement, . Any waiver must be in writing. Failure by either party to insist upon strict adherence to any provision of this Agreement on one or of any subsequent breach by more occasions will not deprive such party of a the right to insist upon strict adherence to that or any other provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, modified or amended or waived in any manner, ----------------- except by an instrument in writing signed by both parties heretothe parties. The waiver by either party of compliance with any provision No term or condition of this Agreement shall be deemed to have been waived except in writing by the other party charged with waiver. A waiver shall operate only as to the specific term or condition waived and shall not operate or be construed as constitute a waiver of any for the future or act on anything other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementthan that which is specifically waived.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any No provision of this Agreement may be amended except by a written instrument signed by the other party Parties. No provision of this Agreement may be waived except by a written instrument signed by the Party against which such waiver is to be enforced. Except as expressly provided otherwise in a waiver, no such waiver shall not operate constitute an ongoing or be construed as a future waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or ----------------- waived in any manner, except by an instrument unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended, supplemented or otherwise modified only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended amended, or waived in any manner, manner except by an instrument in writing signed by both parties heretothe parties. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived modified in any manner, respect except by an a writing executed by Defendant and Class Counsel, and the waiver of any rights conferred hereunder shall be effective only if made by written instrument in writing signed by both parties heretoof the waiving party. The waiver by either any party of compliance with any provision breach of this Agreement by the other party shall not operate be deemed or be construed as a waiver of any other provision of this Agreementbreach, whether prior, subsequent or of any subsequent breach by such party of a provision contemporaneous, of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both all parties hereto. The waiver by either any party of compliance with any provision of this Agreement by the other party or parties shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party (including the failure to insist upon strict compliance with any term, covenant or condition) shall not operate or be construed as a waiver of (i) any other provision of this Agreement, or of (ii) any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an instrument or instruments in writing signed by both the parties hereto. The waiver by either Each party of may waive compliance with any provision of this Agreement by the other party with any of the provisions of this Agreement. No waiver of any provision hereof shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach provision. Any waiver must be in writing and signed by such the party of a provision of this Agreementgranting the waiver.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretothe Parties. The waiver by either party Waiver of compliance with any provision of this Agreement will be effective only if in writing and signed by the other party shall Party waiving the provision and, unless expressly provided, will not operate be a waiver of any subsequent breach or be construed as a waiver of any other provision of this Agreement, or Agreement (regardless of any subsequent breach by such party of a provision of this Agreementwhether similar).

Amendment; Waiver. This Agreement may not be amended, modified, amended waived or waived in any manner, cancelled except by an instrument in a writing signed by both parties each party hereto. The No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with with, any condition or provision of this Agreement to be performed by the such other party shall not operate or be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be modifiedamended, amended supplemented or waived in otherwise modified only by a written instrument executed by the Parties hereto. No waiver by any manner, except by an instrument Party of any of the provisions hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe Party so waiving. The waiver by either party any Party hereto of compliance with any condition to this Agreement or breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision condition of this Agreement, Agreement or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modifiedmodified only in writing, amended or waived in any manner, except by an instrument in writing signed executed by both parties heretoparties. The waiver by either party of compliance with a breach or violation of any provision of this Agreement by the other party shall not operate or be construed as to be a continuing waiver or a waiver of any subsequent breach of either the same or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any mannersupplemented, and no provisions hereof may be modified or waived, except by an instrument in writing signed by both all of the parties hereto. The No waiver of any provisions hereof by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as deemed a waiver of any other provision of this Agreementprovisions hereof by such party, or nor shall any such waiver be deemed a continuing waiver of any subsequent breach provision hereof by such party of a provision of this Agreementparty.

Amendment; Waiver. This Agreement may not be modified, amended amended, rescinded, canceled or waived waived, in any mannerwhole or in part, except by an instrument in writing signed by both parties heretowritten agreement of the parties. The waiver by failure of either party of to insist on compliance with any provision of this Agreement by the other party hereof shall not operate or be construed as constitute a waiver or modification of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.