Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 63 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 51 contracts
Samples: Severance and Retention Agreement (CSK Auto Corp), Severance and Retention Agreement (CSK Auto Corp), Severance and Retention Agreement (CSK Auto Corp)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtExecutive and the Company. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.
Appears in 24 contracts
Samples: Employment Agreement (Aeropostale Inc), Employment Agreement (Aeropostale Inc), Employment Agreement (Aeropostale Inc)
Amendment; Waiver. This The Parties agree that this Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party Party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 17 contracts
Samples: Employment Agreement (Gelstat Corp), Employment Agreement (Duos Technologies Group, Inc.), Employment Agreement (Duos Technologies Group, Inc.)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 12 contracts
Samples: Employment Agreement (Change Healthcare Holdings, Inc.), Employment Agreement (TC3 Health, Inc.), Employment Agreement (TC3 Health, Inc.)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, discharged except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 9 contracts
Samples: Employment Agreement (Brite Voice Systems Inc), Confidentiality and Non Competition Agreement (Total Entertainment & Restaurant Corp), Employment Agreement (Brite Voice Systems Inc)
Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 8 contracts
Samples: Employment Agreement (Merck & Co Inc), Employment Agreement (Merck & Co Inc), Employment Agreement (Provantage Health Services Inc)
Amendment; Waiver. This Agreement may not be modified, amended, or supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtall parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofwaiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the parties.
Appears in 6 contracts
Samples: Employment Agreement (Healthier Choices Management Corp.), Second Amended And (Healthier Choices Management Corp.), Employment Agreement (Healthier Choices Management Corp.)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 6 contracts
Samples: Employment and Change in Control Agreement (Schiff Nutrition International, Inc.), Employment Agreement (Weider Nutrition International Inc), Control Agreement (Schiff Nutrition International, Inc.)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 5 contracts
Samples: Employment Agreement (Webmd Corp /New/), Employment Agreement (Webmd Corp /New/), Employment Agreement (Careinsite Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, discharged except by a written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 5 contracts
Samples: Employment Agreement (Avatech Solutions Inc), Employment Agreement (Avatech Solutions Inc), Employment Agreement (Avatech Solutions Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled ------------------ cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 5 contracts
Samples: Employment Agreement (Telaxis Communications Corp), Employment Agreement (Telaxis Communications Corp), Employment Agreement (Telaxis Communications Corp)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 5 contracts
Samples: Employment Agreement (First Community Banking Services Inc), Employment Agreement (First Community Banking Services Inc), Employment Agreement (First Community Banking Services Inc)
Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 5 contracts
Samples: Employment Agreement (Careinsite Inc), Stock Option Agreement (Synetic Inc), Employment Agreement (Careinsite Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtall parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 5 contracts
Samples: Agreement (Polymedica Corp), Severance Agreement (Polymedica Corp), Agreement (Polymedica Corp)
Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 4 contracts
Samples: Stock Option Agreement (Synetic Inc), Employment Agreement (Medical Manager Corp/New/), Employment Agreement (Medical Manager Corp/New/)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.
Appears in 3 contracts
Samples: Employment Agreement (Cardiotech International Inc), Employment Agreement (Cardiotech International Inc), Employment Agreement (Cardiotech International Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Cornerstone Therapeutics Inc), Employment Agreement (Cornerstone Therapeutics Inc), Employment Agreement (Provantage Health Services Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 2 contracts
Samples: Employment Agreement (First Bancshares Inc /MS/), Employment Agreement (First Bancshares Inc /MS/)
Amendment; Waiver. This Agreement may not be modified or amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofwaiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding subsequent breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the parties.
Appears in 2 contracts
Samples: Operating Agreement, Confidential Subscription Agreement
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Weider Nutrition International Inc), Employment Agreement (Weider Nutrition International Inc)
Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 2 contracts
Samples: Employment Agreement (Millitech Corp), Employment Agreement (Synetic Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled canceled, or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, amended supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Samples: Business Support Services Agreement (Smile Brands Group Inc.)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no or delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionAgreement shall constitute a waiver of a succeeding breach.
Appears in 1 contract
Samples: Separation Agreement (Weider Nutrition International Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or dischargedits provisions supplemented or otherwise modified, except by written an instrument executed in writing, signed by the parties. Any waiver of any provision of this Agreement shall be effective only if it is in writing and is signed by the party against whom enforcement the waiver is soughtsought to be effective. No failure to exercise, and no or delay by any party in exercising, exercising any right, power right or privilege hereunder shall operate as a waiver thereof. No waiver , nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding other right, power or succeeding breach of the same or any other provisionprivilege.
Appears in 1 contract
Samples: Customer Agreement
Amendment; Waiver. This Agreement may shall not be amended, supplemented, canceled modified or discharged, supplemented except by a written instrument executed signed by an authorized representative of each of the party against whom enforcement is soughtparties hereto. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Samples: Nonsolicitation and Stock Sale (Allscripts Healthcare Solutions Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.
Appears in 1 contract
Samples: Employment Agreement (Cardiotech International Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. thereof No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, amended supplemented, canceled or dischargedterminated, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofof such right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Samples: Success Bonus Agreement (Beam Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled ----------------- cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.
Appears in 1 contract
Samples: Employment Agreement (Cardiotech International Inc)
Amendment; Waiver. This Agreement may not be ----------------- amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, discharged except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver waive thereof. No waiver of any breach of any provision of this Agreement agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Amendment; Waiver. This The provisions of this Agreement may not be amended, supplemented, canceled modified or dischargedwaived, except by a written instrument executed by the party against whom enforcement is soughtIAB. No failure on the part of any party to exercise, and no delay in exercising, exercise any right, power or privilege granted hereunder shall operate as a waiver thereof. No waiver , nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding other right, power or succeeding breach of the same or any other provisionprivilege granted hereunder.
Appears in 1 contract
Samples: Agreement (Star Energy Corp)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.of
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, ----------------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or dischargedterminated, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofof such right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.,
Appears in 1 contract
Samples: Business Support Services Agreement (Smile Brands Group Inc.)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Samples: Employment Agreement (HLTH Corp)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtExecutive and the Companies. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.
Appears in 1 contract
Samples: Securities Grant Agreement (57th Street General Acquisition Corp)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by both parties, except that this Agreement may be amended by the party against whom enforcement is soughtCompany without Employee’s consent to the extent required or advisable by applicable law. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.
Appears in 1 contract
Samples: Employment Agreement (Cardiotech International Inc)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtparties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.
Appears in 1 contract
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtExecutive and the Company and Crumbs. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.
Appears in 1 contract
Samples: Employment Agreement (57th Street General Acquisition Corp)
Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by you and the party against whom enforcement is soughtCompany. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.
Appears in 1 contract
Samples: Aeropostale Inc