Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 543 contracts
Samples: Award Agreement (Eastern Co), Award Agreement (Eastern Co), Restricted Stock Unit Agreement (Brookdale Senior Living Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 82 contracts
Samples: Non Qualified Stock Option Agreement (Surgical Care Affiliates, Inc.), Nonqualified Stock Option Agreement (Helmerich & Payne, Inc.), Nonqualified Stock Option Agreement (Helmerich & Payne, Inc.)
Failure to Enforce Not a Waiver. The failure of the Company or the Grantee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 80 contracts
Samples: Restricted Stock Unit Agreement (Guess Inc), Restricted Stock Unit Agreement (Guess Inc), Performance Share Award Agreement (Guess Inc)
Failure to Enforce Not a Waiver. The Company’s failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be does not constitute a waiver of such that provision or of any other provision hereofof this Agreement.
Appears in 60 contracts
Samples: Fiscal 2002 Share Incentive Plan (Estee Lauder Companies Inc), Fiscal 2002 Share Incentive Plan (Estee Lauder Companies Inc), Fiscal 2002 Share Incentive Plan (Estee Lauder Companies Inc)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Share Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 50 contracts
Samples: Restricted Share Agreement (El Pollo Loco Holdings, Inc.), Restricted Share Agreement (El Pollo Loco Holdings, Inc.), Restricted Share Agreement (Brookdale Senior Living Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 43 contracts
Samples: Director Restricted Stock Agreement (O Reilly Automotive Inc), Restricted Stock Agreement (Selective Insurance Group Inc), Restricted Stock Agreement (Selective Insurance Group Inc)
Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 34 contracts
Samples: Restricted Stock Agreement (Citizens & Northern Corp), Based Restricted Stock Agreement (Citizens & Northern Corp), Restricted Stock Agreement (Citizens & Northern Corp)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Stock Unit Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 29 contracts
Samples: Non Employee Director Restricted Stock Unit Agreement (Selective Insurance Group Inc), Restricted Stock Unit Agreement (Selective Insurance Group Inc), Restricted Stock Unit Agreement (Selective Insurance Group Inc)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement agreement shall in no way manner be construed to be a waiver of such provision or of any other provision hereof.
Appears in 19 contracts
Samples: Stock Option Grant Agreement (Seacor Holdings Inc /New/), Stock Option Agreement (Estee Lauder Companies Inc), Option Agreement (Estee Lauder Companies Inc)
Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 18 contracts
Samples: Form of Stock Option Agreement (Bard C R Inc /Nj/), Form of Stock Option Agreement (Bard C R Inc /Nj/), Stock Option Agreement (Bard C R Inc /Nj/)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement Option shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 17 contracts
Samples: Stock Option Agreement (Demegen Inc), Stock Option Agreement (Demegen Inc), Stock Option Agreement (Demegen Inc)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this the Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 15 contracts
Samples: Executive Performance Rsu Agreement (Fuel Tech, Inc.), Executive Performance Rsu Award Agreement (Fuel Tech, Inc.), 2020 Executive Performance Rsu Award Agreement (Fuel Tech, Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way manner be construed to be a waiver of such provision or of any other provision hereof.
Appears in 14 contracts
Samples: Stock Option Grant Agreement (Bristow Group Inc.), Stock Option Grant Agreement (Bristow Group Inc.), Stock Option Grant Agreement (SEACOR Marine Holdings Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement or the Plan shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 14 contracts
Samples: Nonqualified Stock Option Agreement (Health Net Inc), Form of Nonqualified Stock Option Agreement (Health Net Inc), Nonqualified Stock Option Agreement (Health Net Inc)
Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 12 contracts
Samples: Stock Option Agreement (Citizens & Northern Corp), Incentive Stock Option Agreement (Citizens & Northern Corp), Incentive Stock Option Agreement (Citizens & Northern Corp)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 10 contracts
Samples: Restricted Stock Unit Agreement (First Business Financial Services, Inc.), First Business Financial (First Business Financial Services, Inc.), Restricted Stock Unit Agreement (First Business Financial Services, Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this the Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 10 contracts
Samples: Nonqualified Stock Option Agreement (Kinetic Concepts Inc), Stock Option Agreement (Kinetic Concepts Inc), International Stock Option Agreement (Kinetic Concepts Inc)
Failure to Enforce Not a Waiver. The failure of the Company or Optionee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 9 contracts
Samples: Stock Option Agreement (CervoMed Inc.), Stock Option Agreement (Diffusion Pharmaceuticals Inc.), Inducement Stock Option Agreement (Diffusion Pharmaceuticals Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement or the Plan shall in no way be construed to be a waiver of such provision or of any other provision hereofhereof or thereof.
Appears in 9 contracts
Samples: Nonqualified Stock Option Agreement (Health Net Inc), Nonqualified Stock Option Agreement (Health Net Inc), Nonqualified Stock Option Agreement (Health Net Inc)
Failure to Enforce Not a Waiver. The failure of the Company or an Affiliate to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 7 contracts
Samples: Employee Restricted Stock Unit (American Equity Investment Life Holding Co), Employee Restricted Stock Unit (American Equity Investment Life Holding Co), Employee Restricted Stock Unit (American Equity Investment Life Holding Co)
Failure to Enforce Not a Waiver. The failure of the Company or the Optionee to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 7 contracts
Samples: Stockholders Agreement (Petco Holdings Inc), Stockholders Agreement (Petco Holdings Inc), Non Qualified Stock Option Agreement (Educate Inc)
Failure to Enforce Not a Waiver. The failure of the Company to ------------------------------- enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 7 contracts
Samples: Employment Agreement (Master Graphics Inc), Employment Agreement (Master Graphics Inc), Employment Agreement (Master Graphics Inc)
Failure to Enforce Not a Waiver. The failure of the Company or the Grantee to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 6 contracts
Samples: Nonqualified Stock Option Agreement (Guess Inc), Nonqualified Stock Option Agreement (Guess Inc), Nonqualified Stock Option Agreement (Guess Inc)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof. 13.
Appears in 6 contracts
Samples: Restricted Stock Unit Award Agreement (WEX Inc.), Grant Restricted Stock Unit Award Agreement (WEX Inc.), Restricted Stock Unit Award Agreement (WEX Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such that provision or of any other provision hereof.
Appears in 5 contracts
Samples: Award Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Award Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Stock Unit Award Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Failure to Enforce Not a Waiver. The failure of the Company Company, any of its Subsidiaries or the LLP to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 4 contracts
Samples: GLG Partners, Inc., GLG Partners, Inc., GLG Partners, Inc.
Failure to Enforce Not a Waiver. The failure of the Company or the Partnership to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 4 contracts
Samples: Phantom Unit Award Agreement (CNX Midstream Partners LP), Ltip Unit Vesting Agreement (Middleman Stanley C.), Ltip Unit Vesting Agreement (Cherry Hill Mortgage Investment Corp)
Failure to Enforce Not a Waiver. The failure of the Company or the Optionee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 3 contracts
Samples: Stock Option Agreement (RestorGenex Corp), Stock Option Agreement (RestorGenex Corp), Stock Option Agreement (RestorGenex Corp)
Failure to Enforce Not a Waiver. The failure of the Company or the Participant to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 3 contracts
Samples: 2004 Equity Incentive Plan Restricted Stock Award Agreement (Planetout Inc), Restricted Stock Award Agreement (World Heart Corp), 2004 Equity Incentive Plan Restricted Stock Award Agreement (Planetout Inc)
Failure to Enforce Not a Waiver. The failure of the Company or the Executive to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 2 contracts
Samples: Restricted Share Agreement (Endurance Specialty Holdings LTD), Option Agreement (Endurance Specialty Holdings LTD)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (First Business Financial Services, Inc.), Incentive Stock Option Agreement (First Business Financial Services, Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.. 18)
Appears in 2 contracts
Samples: Equity and Incentive Plan Performance Restricted Stock Unit Award Agreement (WEX Inc.), Equity and Incentive Plan Restricted Stock Unit Award Agreement (WEX Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Share Unit Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 2 contracts
Samples: Restricted Share Unit Agreement (Aircastle LTD), Restricted Share Unit Agreement (Aircastle LTD)
Failure to Enforce Not a Waiver. The failure of the Company or Grantee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.
Appears in 2 contracts
Samples: Restricted Stock Grant Agreement (Colony Bankcorp Inc), Restricted Stock Grant Agreement (Golden Isles Financial Holdings Inc)
Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof..
Appears in 2 contracts
Samples: Restricted Stock Agreement (Citizens & Northern Corp), Restricted Stock Agreement (Citizens & Northern Corp)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.provision
Appears in 2 contracts
Samples: Restricted Stock Award Agreement (World Acceptance Corp), Restricted Stock Award Agreement (World Acceptance Corp)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Securities Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 2 contracts
Samples: Award Agreement (Brookdale Senior Living Inc.), Award Agreement (Brookdale Senior Living Inc.)
Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision provisions of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 1 contract
Samples: Restricted Stock Agreement (Citizens & Northern Corp)
Failure to Enforce Not a Waiver. The failure of the Company Partnership or the General Partner, as applicable, to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company or Director to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Diffusion Pharmaceuticals Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.. 3.4
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Juno Lighting Inc)
Failure to Enforce Not a Waiver. The failure of the Company or Holder to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company or ------------------------------- Grantee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.
Appears in 1 contract
Samples: Restricted Stock Grant Agreement (Colony Bankcorp Inc)
Failure to Enforce Not a Waiver. The failure of the Company or the Grantee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.. OMM_US:76619695.3
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company or the Optionee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.
Appears in 1 contract
Samples: Option Agreement (Golden Isles Financial Holdings Inc)
Failure to Enforce Not a Waiver. The failure of the Company or any of its Affiliates to enforce at any time any provision of this Restrictive Covenants Agreement shall in no way be construed to be a waiver of such that provision or of any other provision hereof.
Appears in 1 contract
Samples: Restricted Share Unit Award Agreement (Athene Holding LTD)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this the Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof. 15.
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company or the Holder to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company or the Consultant to enforce at any time any provision of this Agreement shall shali in no way be construed to be a waiver of such provision provisions or of any other provision hereof.
Appears in 1 contract
Samples: Consulting Agreement (DRS Inc.)
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereofhereof or of the Plan.
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof. 20.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Juno Lighting Inc)
Failure to Enforce Not a Waiver. The failure of the Company or Participant to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such that provision or of any other provision hereof.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Apollo Global Management LLC)
Failure to Enforce Not a Waiver. The failure of the Company or ------------------------------- the Grantee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof. 19.
Appears in 1 contract
Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Share Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Appears in 1 contract
Failure to Enforce Not a Waiver. The Company’s or the Participant’s failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be does not constitute a waiver of such that provision or of any other provision hereofof this Agreement.
Appears in 1 contract
Samples: Fiscal 2002 Share Incentive Plan (Estee Lauder Companies Inc)