Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 937 contracts

Samples: Employment Agreement (Monroe Federal Bancorp, Inc.), Employment Agreement (Bogota Financial Corp.), Employment Agreement (PFS Bancorp, Inc.)

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Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 438 contracts

Samples: Change in Control Agreement (Ponce Financial Group, Inc.), Change in Control Agreement (ECB Bancorp, Inc. /MD/), Change in Control Agreement (Rhinebeck Bancorp, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 76 contracts

Samples: Employment Agreement (New Hampshire Thrift Bancshares Inc), Employment Agreement (New Hampshire Thrift Bancshares Inc), Employment Agreement (New Hampshire Thrift Bancshares Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 44 contracts

Samples: Severance and Change in Control Agreement (Material Sciences Corp), Severance and Change in Control Agreement (Material Sciences Corp), Confidentiality and Employment Agreement (Peoples Energy Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument as agreed to in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel estoppels against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for in the future future, or as to any act other than that specifically waived.

Appears in 34 contracts

Samples: Change in Control Agreement (FPB Bancorp Inc), Change in Control Agreement (Bank of Florida Corp), Change in Control Agreement (Bancshares of Florida Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any by an estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 26 contracts

Samples: Change in Control Agreement (First Capital Inc), Change in Control Agreement (First Capital Inc), Change in Control Agreement (First Capital Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such the term or condition for the future as to any act other than that specifically waived.

Appears in 24 contracts

Samples: Employment Agreement (Security Midwest Bancorp, Inc.), Employment Agreement (Security Midwest Bancorp, Inc.), Employment Agreement (Security Midwest Bancorp, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 21 contracts

Samples: Change in Control Agreement (Eagle Bancorp Montana, Inc.), Change in Control Agreement (Eagle Bancorp Montana, Inc.), Change in Control Agreement (Eagle Bancorp Montana, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 18 contracts

Samples: Change in Control Agreement (People's United Financial, Inc.), Change in Control Agreement (People's United Financial, Inc.), Employment Agreement (Maf Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties Parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 18 contracts

Samples: Employment Agreement (First Interstate Bancsystem Inc), Employment Agreement (First Interstate Bancsystem Inc), Employment Agreement (First Interstate Bancsystem Inc)

Modification and Waiver. (a) This Agreement may not be terminated, modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 17 contracts

Samples: Change in Control Severance Agreement, Change in Control Severance Agreement, Change in Control Severance Agreement (Stewardship Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future of as to any act other than that specifically waived.

Appears in 17 contracts

Samples: Bank Employment Agreement (Pamrapo Bancorp Inc), Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended amended, except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 16 contracts

Samples: Employment Agreement (If Bancorp, Inc.), Employment Agreement (If Bancorp, Inc.), Employment Agreement (If Bancorp, Inc.)

Modification and Waiver. (a) a. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) b. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 15 contracts

Samples: Change in Control Agreement (CFSB Bancorp, Inc. /MA/), Change in Control Agreement (BV Financial, Inc.), Change in Control Agreement (Fraternity Community Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 13 contracts

Samples: Employment Agreement (Mercer Bancorp, Inc.), Employment Agreement (Mercer Bancorp, Inc.), Employment Agreement (Mercer Bancorp, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 10 contracts

Samples: Severance Agreement (Unitil Corp), Severance Agreement (Unitil Corp), Severance Agreement (Unitil Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except only by an instrument in writing signed by each of the parties hereto. (b) No parties. Except as otherwise provided in Section 2.11, no term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such any waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 9 contracts

Samples: Change in Control Severance Agreement (Stanley, Inc.), Change in Control Severance Agreement (Stanley, Inc.), Change in Control Severance Agreement (Stanley, Inc.)

Modification and Waiver. (a) a. This Agreement may not be modified or amended except only by an means of a written instrument in writing signed by the parties heretoparties. (b) b. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated thereinas such, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 9 contracts

Samples: Change in Control Agreement (Hometown Bancorp,Inc.), Change in Control Agreement (Hometown Bancorp,Inc.), Change in Control Agreement (Hometown Bancorp,Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument as agreed to in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future future, or as to any act other than that specifically waived.

Appears in 9 contracts

Samples: Employee Severance Agreement (Federal Trust Corp), Employee Severance Agreement (Federal Trust Corp), Employee Severance Agreement (Federal Trust Corp)

Modification and Waiver. (a) a. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) b. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 8 contracts

Samples: Employment Agreement (North Penn Bancorp, Inc.), Employment Agreement (North Penn Bancorp, Inc.), Employment Agreement (North Penn Bancorp, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppelestopped. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 7 contracts

Samples: Change in Control Agreement (Citizens First Bancorp Inc), Change in Control Agreement (Citizens First Bancorp Inc), Change in Control Agreement (Citizens First Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 7 contracts

Samples: Resident Agreement, Resident Agreement, Resident Agreement

Modification and Waiver. (a) 8.1 This Agreement may shall not be modified or amended except by an instrument in writing signed by the parties hereto. (b) 8.2 No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such written waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 7 contracts

Samples: Consulting Agreement (HCi Viocare), Consulting Agreement (HCi Viocare), Consulting Agreement (HCi Viocare)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of for such term or condition for the future of as to any act other than that specifically waived.

Appears in 7 contracts

Samples: Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc)

Modification and Waiver. (aA) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (bB) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 6 contracts

Samples: Change in Control Severance Agreement (First Place Financial Corp /De/), Change in Control Severance Agreement (First Place Financial Corp /De/), Change in Control Severance Agreement (Dimeco Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing writing, signed by the parties hereto. (b) Parties, and which specifically refers to this Agreement. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 6 contracts

Samples: Employment Agreement (TC Bancshares, Inc.), Employment Agreement (TC Bancshares, Inc.), Employment Agreement (TC Bancshares, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretothereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 6 contracts

Samples: Employment Agreement (Commerce Union Bancshares, Inc.), Employment Agreement (Commerce Union Bancshares, Inc.), Employment Agreement (Commerce Union Bancshares, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such the term or condition for the future as to any act other than that specifically waived.

Appears in 6 contracts

Samples: Employment Agreement (First Seacoast Bancorp, Inc.), Employment Agreement (Eureka Homestead Bancorp, Inc.), Employment Agreement (First Seacoast Bancorp)

Modification and Waiver. (a) This Agreement agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreementagreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 5 contracts

Samples: Resident Agreement, Resident Agreement, Resident Agreement

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.. #27942/February 8, 1995 5

Appears in 4 contracts

Samples: Change in Control Agreement (Monterey Bay Bancorp Inc), Change in Control Agreement (Monterey Bay Bancorp Inc), Change in Control Agreement (Monterey Bay Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, waived nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 4 contracts

Samples: Change in Control Agreement (MB Bancorp Inc), Change in Control Agreement (MB Bancorp Inc), Change in Control Agreement (MB Bancorp Inc)

Modification and Waiver. (a) a. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) b. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 4 contracts

Samples: Employment Agreement (North Penn Bancorp Inc), Employment Agreement (North Penn Bancorp Inc), Employment Agreement (North Penn Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term terms or condition of this the Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Harris & Harris Group Inc /Ny/), Employment Agreement (Harris & Harris Group Inc /Ny/), Employment Agreement (Harris & Harris Group Inc /Ny/)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Cycomm International Inc), Employment Agreement (Cycomm International Inc), Employment Agreement (Cycomm International Inc)

Modification and Waiver. (a) This Agreement may not be modified ----------------------- or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Aquarion Co), Employment Agreement (Aquarion Co), Employment Agreement (Aquarion Co)

Modification and Waiver. (aA) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. . (bB) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Dimeco Inc), Change in Control Severance Agreement (Dimeco Inc), Change in Control Severance Agreement (Dimeco Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) Parties. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Unisource Energy Corp), Officer Change in Control Agreement (Tucson Electric Power Co), Officer Change in Control Agreement (Tucson Electric Power Co)

Modification and Waiver. (a) This Agreement may not be modified or amended except only by an a written instrument in writing signed by the parties heretoboth parties. (b) No term or condition of this Agreement shall will be deemed to have been waived, nor shall will there be any estoppel against the enforcement of any provision of this Agreement, except by a written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall will be deemed a continuing waiver unless specifically stated therein, and each such waiver shall will operate only as to the specific term or condition waived and shall will not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Gardenburger Inc), Change in Control Agreement (Gardenburger Inc), Employment Agreement (Gardenburger Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any an estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Severance Agreement (Pulaski Financial Corp), Change in Control Agreement (Provident Community Bancshares, Inc.), Severance Agreement (Pulaski Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived waiver and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Severance Agreement (Berkshire Energy Resources), Severance Agreement (Berkshire Energy Resources), Severance Agreement (Berkshire Energy Resources)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver 3 unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Change in Control Agreement (BCB Bancorp Inc), Change in Control Agreement (BCB Bancorp Inc), Change in Control Agreement (BCB Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or ----------------------- amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto.. ο»Ώ (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.. ο»Ώ

Appears in 2 contracts

Samples: Employment Agreement (First of Long Island Corp), Employment Agreement (First of Long Island Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Northfield Bancorp, Inc.), Change in Control Agreement (Brookline Bancorp Inc)

Modification and Waiver. (aa.) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (bb.) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any an estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Union Financial Bancshares Inc), Executive Employment Agreement (Union Financial Bancshares Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver wavier or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employee Retention Agreement (North Central Bancshares Inc), Employee Retention Agreement (North Central Bancshares Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Change in Control Agreement (Waypoint Financial Corp), Change in Control Agreement (Waypoint Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Termination and Change in Control Agreement (PFF Bancorp Inc), Termination and Change in Control Agreement (PFF Bancorp Inc)

Modification and Waiver. (a) This Except for the judicial modification allowed by Paragraph 13, this Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Coastal Financial Corp), Employment Agreement (Coastal Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument as agreed to in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future future, or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Non Competition, Non Solicitation, and Non Disclosure Agreement (Life on Earth, Inc.), Non Competition, Non Solicitation, and Non Disclosure Agreement (First Community Bank Corp of America)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. . (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Change in Control Agreement (Waterstone Financial, Inc.), Special Termination Agreement (Lincoln Bancorp /In/)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (PFF Bancorp Inc), Employment Agreement (PFF Bancorp Inc)

Modification and Waiver. (a) This Except for the judicial or arbitral modification allowed by Section 14, this Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Coastal Financial Corp), Employment Agreement (Coastal Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future of as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified modified, amended or amended terminated except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Officer Change of Control Agreement (Eastern Enterprises), Employment Agreement (Eastern Enterprises)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretoExecutive and Holding Company. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument installment of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Citizens First Bancorp Inc), Employment Agreement (Citizens First Bancorp Inc)

Modification and Waiver. (aA) This Agreement may not be modified or amended except by an instrument in writing signed by the all parties heretoto this Agreement. (bB) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (First Place Financial Corp /De/), Change in Control Severance Agreement (First Place Financial Corp /De/)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as 3 to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (BCB Bancorp Inc)

Modification and Waiver. (a) 1. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) 2. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Mountain National Bancshares Inc)

Modification and Waiver. (a) This Agreement ------------------------ may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. \ 10.

Appears in 1 contract

Samples: Change in Control Severance Agreement (SFS Bancorp Inc)

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Modification and Waiver. (a) This Agreement may not be materially modified or amended except as agreed to by an instrument in writing signed by the parties heretoEmployee. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future future, or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employee Severance Agreement (Federal Trust Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written written, instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Patriot Bank Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument as agreed to in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future future, or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employee Severance Agreement (Federal Trust Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. . (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. 11.

Appears in 1 contract

Samples: Change in Control Agreement

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, therein and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (Hf Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except only by an a written instrument in writing signed by the parties heretoparties. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Klamath First Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.. 5NEXT PAGE

Appears in 1 contract

Samples: Employment Agreement (LSB Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto.. 12 (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Northeast Pennsylvania Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term terms or condition of this the Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.. 14

Appears in 1 contract

Samples: Employment Agreement (Harris & Harris Group Inc /Ny/)

Modification and Waiver. (a) 13.1 This Agreement may shall not be modified or amended except by an instrument in writing signed by the parties hereto. (b) 13.2 No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such written waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Consulting Agreement (Fact Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretoParties. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any an estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated thereinin such waiver, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Consulting Agreement (Global Geophysical Services Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such 3 waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (BCB Bancorp Inc)

Modification and Waiver. (a) This Except for the judicial modification allowed by Section 14, this Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Coastal Financial Corp)

Modification and Waiver. (a) 12.1 This Agreement may shall not be modified or amended except by an instrument in writing signed by the parties hereto. (b) 12.2 No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such written waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Paperexchange Com Inc)

Modification and Waiver. (a) a. This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretoparties. (b) b. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated thereinas such, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (Beneficial Mutual Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term terms or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Patriot Bank Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing and signed by the parties hereto. (b) Parties. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Xsunx Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) parties. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Officer Change in Control Agreement (Tucson Electric Power Co)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, . nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (SI Financial Group, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged charges with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Chester Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppelEstexxx. No Xx such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change of Control Agreement (First Palm Beach Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be ----------------------- modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, Agreement except by written instrument of signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Modification and Waiver. (a) This Agreement may not be modified or amended mended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Haverfield Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto.. 10 (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Northwest Bancshares, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term tenn or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Pocahontas Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.a

Appears in 1 contract

Samples: Change in Control Severance Agreement (Ps Financial Inc)

Modification and Waiver. (a) This is Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Patriot Bank Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an written instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or and condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Crumbs Bake Shop, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except only by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (Taylor Devices Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition conditions of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (Haven Bancorp Inc)

Modification and Waiver. (a) 14.1. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) 14.2. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Evans Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument as agreed to in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, ; nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future future, or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (Indian River Banking Company)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto.. ​ ​ (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Catalyst Bancorp, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) . No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (United Community Banks Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party parry charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Pocahontas Bancorp Inc)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.. AMENDED AND RESTATED CHANGE OF CONTROL AND SEVERANCE AGREEMENT TXXXXX X. XXXXXXXX

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Digital River Inc /De)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future of as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Gould Investors L P)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate 11 only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Firstspartan Financial Corp)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.that

Appears in 1 contract

Samples: Change in Control Agreement (Patriot Bank Corp)

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