Common use of Modification; Amendment; Waiver Clause in Contracts

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 81 contracts

Samples: Management Stability Agreement (Tesoro Logistics Lp), Management Stability Agreement (Tesoro Logistics Lp), Management Stability Agreement (Tesoro Logistics Lp)

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Modification; Amendment; Waiver. No modification, amendment amendment, or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof of this Agreement in accordance with its terms.

Appears in 19 contracts

Samples: Employment Agreement (Northfield Laboratories Inc /De/), Employment Agreement (Northfield Laboratories Inc /De/), Employment Agreement (Norstan Inc)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The Either party's failure at to insist upon strict compliance with any time provision hereof shall not be deemed to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its termsor any other provision hereof.

Appears in 9 contracts

Samples: Supplemental Executive Retirement Benefit Agreement (Brightpoint Inc), Supplemental Executive Retirement Benefit Agreement (Brightpoint Inc), Supplemental Executive Retirement Benefit Agreement (Brightpoint Inc)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 8 contracts

Samples: Employment Agreement (Rancher Energy Corp.), Employment Agreement (Rancher Energy Corp.), Employment Agreement (Rancher Energy Corp.)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing and signed by both partiesParties. The failure at any time of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 4 contracts

Samples: Sports Officiating Agreement, Referee Services Agreement, Referee Services Agreement

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The Either party’s failure at to insist upon strict compliance with any time provision hereof shall not be deemed to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its termsor any other provision hereof.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Benefit Agreement (Brightpoint Inc), Supplemental Executive Retirement Benefit Agreement (Brightpoint Inc), Supplemental Executive Retirement Benefit Agreement (Brightpoint Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesthe Company and Hampshire. The failure of any party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right rights of either the party thereafter to enforce each and every provision hereof the provisions of this Agreement in accordance with its terms.

Appears in 3 contracts

Samples: Nominating Agreement (Citi Trends Inc), Nominating Agreement, Nominating Agreement (Citi Trends Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both the parties. The failure at any time to enforce any of the provisions provision of this Agreement shall in no way be construed as a waiver of such provisions provision and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 3 contracts

Samples: Employment Agreement (Kona Gold Solutions, Inc.), Employment Agreement (Kona Gold Solutions, Inc.), Employment Agreement (Kona Gold Solutions, Inc.)

Modification; Amendment; Waiver. No modification, amendment or waiver ------------------------------- of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 2 contracts

Samples: Consulting Agreement (Constellation 3d Inc), Consulting Agreement (Constellation 3d Inc)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing and signed by both parties. The failure at any time of a party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 2 contracts

Samples: Facilities Use Agreement, Facilities Use Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.. Page3

Appears in 2 contracts

Samples: Management Stability Agreement (Tesoro Corp /New/), Management Stability Agreement (Tesoro Corp /New/)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesParties. The failure of either Party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions provisions. The language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall not affect the right of apply against either party thereafter to enforce each and every provision hereof in accordance with its termsParty.

Appears in 2 contracts

Samples: Data Sharing Agreement, Data Sharing Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both booth parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Us Medical Systems Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way not be construed as a waiver of such provisions and shall not affect the right of either such party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Independent Consulting Agreement (Millennium Cell Inc)

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Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both booth parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not n l affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Lakota Technologies Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in a writing signed by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Separation Agreement (Gener8 Maritime, Inc.)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing and signed by both partiesthe Parties. The failure at any time of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party any Party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: City Manager/Executive Director Employment Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both booth parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each each. and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Lakota Technologies Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesthe parties hereto. The failure of any party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right rights of either the party thereafter to enforce each and every provision hereof the provisions of this Agreement in accordance with its terms.

Appears in 1 contract

Samples: Shareholder Agreement (Xpedite Systems Inc)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of ------------------------------- any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Interwoven Inc)

Modification; Amendment; Waiver. No modification, amendment amendment, or waiver of any provisions provision of this Agreement shall will be effective unless approved in writing by both parties. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way will not be construed as a waiver of such provisions provision and shall will not affect the right of either such party thereafter to enforce each and every provision hereof of this Agreement in accordance with its termsthe terms set forth herein.

Appears in 1 contract

Samples: Sponsorship Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesthe Company and the Consultant. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right rights of either the party thereafter to enforce each and every provision hereof the provisions of this Agreement in accordance with its terms.

Appears in 1 contract

Samples: Termination Agreement (Citi Trends Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.to

Appears in 1 contract

Samples: Management Stability Agreement (Tesoro Petroleum Corp /New/)

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