Common use of Modification and Waiver of Breach Clause in Contracts

Modification and Waiver of Breach. No waiver or modification of this Agreement or any term hereof shall be binding unless it is in writing signed by the parties hereto. No failure to insist upon compliance with any term, provision or condition to this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Diedrich Coffee Inc), Employment Agreement (Diedrich Coffee Inc)

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Modification and Waiver of Breach. No waiver or modification of --------------------------------- this Agreement or any term hereof shall be binding unless it is in writing signed by the parties hereto. No failure to insist upon compliance with any term, provision or condition to this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Broadband Sports Inc), Employment Agreement (Broadband Sports Inc)

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