Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 85 contracts
Samples: Indemnification Agreement (Cabot Corp), Indemnification Agreement (Intelligent Medicine Acquisition Corp.), Indemnification Agreement (Ensemble Health Partners, Inc.)
Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights The observance of a party hereunder (including the right to enforce the obligations hereunder any term of the other parties) this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party entitled to enforce such term only with by a writing signed by the written consent of party against which such party, and no waiver is to be asserted. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 23 contracts
Samples: Indemnification Agreement (Buckle Inc), Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.)
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights The observance of a party hereunder (including the right to enforce the obligations hereunder any term of the other parties) this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party entitled to enforce such term only with by a writing signed by the written consent of party against which such party, and no waiver is to be asserted. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 21 contracts
Samples: Indemnification Agreement (O Reilly Automotive Inc), Indemnification Agreement (O Reilly Automotive Inc), Indemnification Agreement (H&r Block Inc)
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.
Appears in 16 contracts
Samples: Director Indemnification Agreement (KLDiscovery Inc.), Indemnification Agreement (PGA Holdings, Inc.), Indemnification Agreement (Axalta Coating Systems Ltd.)
Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party which is entitled to the benefits thereof, and this Agreement may be modified or amended by a written instrument executed by all parties hereto. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 7 contracts
Samples: Purchase Agreement (Ruby Creek Resources, Inc.), Asset Purchase Agreement (Integrated Security Systems Inc), Asset Purchase Agreement (Aisling Capital II LP)
Modification and Waiver. No supplement, modification or amendment of any of the provisions of this Agreement and no consent by either party hereto to any departure therefrom by the other party hereto shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.
Appears in 4 contracts
Samples: Indemnification Agreement (Primus Therapeutics Inc.), Indemnification Agreement (Pepsico Inc), Indemnification Agreement (Metrocorp Inc)
Modification and Waiver. No supplementamendment, modification or amendment alteration of the terms or provisions of this Agreement shall be binding unless the same shall be in writing and duly executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor ). No delay on the part of any party in exercising any right, power or privilege hereunder shall such operate as a waiver constitute a continuing waiverthereof.
Appears in 3 contracts
Samples: Unit Purchase Agreement (Dow Jones & Co Inc), Share Purchase Agreement (Dow Jones & Co Inc), Merger Agreement (Commscope Inc)
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as Unless otherwise expressly provided herein, no delay on the rights part of any party hereto in exercising any right, power or privilege hereunder shall operate as a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver thereof. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Sportradar Group AG), Indemnification Agreement (Transocean Inc)
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding against any particular party hereto unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no . No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Apac Customer Service Inc), Indemnification Agreement (Apac Customer Service Inc)
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Cole Credit Property Trust Inc), Indemnification Agreement (Cole Credit Property Trust II Inc)
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (CommScope Holding Company, Inc.)
Modification and Waiver. No supplement, modification or amendment of any of the provisions of this Agreement and no consent by either party hereto to any departure herefrom by the other party hereto shall be binding unless executed in a writing identified as such by all each of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification modification, termination, or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided hereinA waiver, the express or implied, by either party hereto of any rights of a party hereunder (including the right hereunder, or failure to enforce the obligations hereunder of perform or breach by the other parties) may be waived only with the written consent of such partyparty hereto, and no waiver of any of the provisions of this Agreement shall not be deemed or shall constitute as a waiver of any other provisions hereof (whether right hereunder, or of any other breach or failure of such other party hereto, and shall not similar) nor shall such waiver constitute be deemed a continuing waiverwaiver of any breach or failure hereunder.
Appears in 1 contract
Samples: Directors’ and Officers’ Indemnification Agreement (Utah Medical Products Inc)