Common use of Amendment; Waivers Clause in Contracts

Amendment; Waivers. This Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof and, except as otherwise permitted by the express terms of the Plan and this Agreement, it may not be modified or amended nor may any provision hereof be waived, except by a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the Optionee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 11 contracts

Samples: Nonqualified Stock Option Agreement (Enterprise Bancorp Inc /Ma/), Nonqualified Stock Option Agreement (Enterprise Bancorp Inc /Ma/), Incentive Stock Option Agreement (Enterprise Bancorp Inc /Ma/)

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Amendment; Waivers. This Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof and, except as otherwise permitted by the express terms of the Plan and this Agreement, it may not be modified or amended nor may any provision hereof be waived, except by a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee Grantee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the OptioneeGrantee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 7 contracts

Samples: Restricted Stock Agreement (Enterprise Bancorp Inc /Ma/), Restricted Stock Agreement (Enterprise Bancorp Inc /Ma/), Restricted Stock Agreement (Enterprise Bancorp Inc /Ma/)

Amendment; Waivers. This Option Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof andhereof, and except as otherwise permitted by the express terms of the Plan and this Option Agreement, it may not be modified or amended nor may any provision hereof be waived, except by waived without a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the Optionee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 5 contracts

Samples: Stock Option Agreement (Lojack Corp), Iron Mountain Incorporated Iron Mountain (Iron Mountain Inc/Pa), Iron Mountain Incorporated Iron Mountain (Iron Mountain Inc/Pa)

Amendment; Waivers. This AgreementOption Document, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof andhereof, and except as otherwise permitted by the express terms of the Plan and this AgreementOption Document, it may not be modified or amended nor may any provision hereof be waived, except by waived without a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the Optionee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 2 contracts

Samples: Plan Stock Option Agreement (Iron Mountain Inc/Pa), Plan Stock Option Agreement (Iron Mountain Inc/Pa)

Amendment; Waivers. This Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof and, except as otherwise permitted by the express terms of the Plan and this Agreement, it may not be modified or amended amended, nor may any provision hereof be waived, except by a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish adversely affect the rights of the Optionee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the Optionee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 2 contracts

Samples: Stock Option Agreement (Accelerize Inc.), Stock Option Agreement (Accelerize Inc.)

Amendment; Waivers. This Each Option Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof andhereof, and except as otherwise permitted by the express terms of the Plan and this the Option Agreement, it may not be modified or amended nor may any provision hereof be waived, waived except by a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the Optionee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Iron Mountain Inc/Pa)

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Amendment; Waivers. This Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof and, except as otherwise permitted by the express terms of the Plan and this Agreement, it may not be modified or amended nor may any provision hereof be waived, except by a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee Grantee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the OptioneeGrantee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.. (b)

Appears in 1 contract

Samples: Restricted Stock Agreement (Enterprise Bancorp Inc /Ma/)

Amendment; Waivers. This Option Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof andhereof, and except as otherwise permitted by the express terms of the Plan and this Option Agreement, it may not be modified or amended amended, nor may any provision hereof be waived, except by without a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the Optionee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Iron Mountain Inc/Pa)

Amendment; Waivers. This Agreement, including the Plan, contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof andhereof, and except as otherwise permitted by the express terms of the Plan and this Agreement, it may not be modified or amended amended, nor may any provision hereof be waived, except by without a further written agreement duly signed by each of the parties; provided, however, that a modification or amendment that does not materially diminish the rights of the Optionee hereunder, as they may exist immediately before the effective date of the modification or amendment, shall be effective upon written notice of its provisions to the Optionee. The waiver by either of the parties hereto of any provision hereof in any instance shall not operate as a waiver of any other provision hereof or in any other instance.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Iron Mountain Inc/Pa)

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