Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 15 contracts

Samples: Employment Agreement (THUMZUP MEDIA Corp), Employment Agreement (THUMZUP MEDIA Corp), Executive Employment Agreement (Applied Energetics, Inc.)

AutoNDA by SimpleDocs

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the CompanyChair of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 13 contracts

Samples: Executive Employment Agreement (SunOpta Inc.), Executive Employment Agreement (Cytosorbents Corp), Executive Employment Agreement (Cytosorbents Corp)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 13 contracts

Samples: Change of Control Agreement (Singing Machine Co Inc), Employment Agreement (PLx Pharma Inc.), Employment Agreement (Dipexium Pharmaceuticals, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Company. No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 12 contracts

Samples: Employment Agreement (Akerna Corp.), Employment Agreement (SIMPLICITY ESPORTS & GAMING Co), Employment Agreement (SIMPLICITY ESPORTS & GAMING Co)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by a duly authorized officer of the CompanyEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 11 contracts

Samples: Non Competition Agreement (United States Steel Corp), Non Competition Agreement (United States Steel Corp), Confidentiality and Proprietary Rights Agreement (United States Steel Corp)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the CompanyBoard. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 10 contracts

Samples: Executive Employment Agreement (Waitr Holdings Inc.), Executive Employment Agreement, Executive Employment Agreement (Waitr Holdings Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 9 contracts

Samples: Employment Agreement (Biotech Products Services & Research, Inc.), Employment Agreement (Biotech Products Services & Research, Inc.), Employment Agreement (Biotech Products Services & Research, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by a director of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 9 contracts

Samples: Employment Agreement (Kura Sushi Usa, Inc.), Employment Agreement (Kura Sushi Usa, Inc.), Employment Agreement (Kura Sushi Usa, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Consultant and the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 8 contracts

Samples: Exeuctive Advisory Consulting Agreement (Nano Nuclear Energy Inc.), Consulting Agreement (Nano Nuclear Energy Inc.), Consulting Agreement (Nano Nuclear Energy Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Compensation Committee of the Board of Directors of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 8 contracts

Samples: Severance Agreement (Cohu Inc), Severance Agreement (Cohu Inc), Severance Agreement (Cohu Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and an authorized officer of each of the Parent and the Company. No waiver by either any of the parties of any breach by the other another party hereto of any condition or provision of this Agreement to be performed by the other another party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either any of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 7 contracts

Samples: Employment Agreement (Volato Group, Inc.), Employment Agreement (Volato Group, Inc.), Employment Agreement (Volato Group, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the CEO of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 7 contracts

Samples: Executive Employment Agreement (Veru Inc.), Executive Employment Agreement (Veru Inc.), Executive Employment Agreement (Veru Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Companyby The Board of Directors. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 7 contracts

Samples: Executive Employment Agreement (Sugarmade, Inc.), Executive Employment Agreement (Eco Innovation Group, Inc.), Executive Employment Agreement (Cannabis Global, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by [POSITION NAME] of the Company. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 7 contracts

Samples: Separation Agreement and Release, Separation Agreement and Release, Separation Agreement and Release

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chief Executive Officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 7 contracts

Samples: Employment Agreement (Workiva Inc), Employment Agreement (StorEn Technologies Inc.), Employment Agreement (Workiva Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by Employee and by a duly authorized officer of the Executive and the CompanyCompany (other than Employee). No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 7 contracts

Samples: Executive Employment Agreement (MGO Global Inc.), Executive Employment Agreement (MGO Global Inc.), Executive Employment Agreement (MGO Global Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified by the parties unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by a duly authorized officer of the CompanyEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. 12.

Appears in 6 contracts

Samples: Grant Agreement (United States Steel Corp), Retention Grant Agreement (United States Steel Corp), Grant Agreement (United States Steel Corp)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an authorized officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 6 contracts

Samples: Employment Agreement (Rise Oil & Gas, Inc.), Employment Agreement (Rise Oil & Gas, Inc.), Employment Agreement (Rise Oil & Gas, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall will be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall will the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 6 contracts

Samples: Employment Agreement (Rocky Mountain High Brands, Inc.), Employment Agreement (Rocky Mountain High Brands, Inc.), Employment Agreement (Rocky Mountain High Brands, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Equityholder and the Companyby an authorized representative of TRC and NGLS. No waiver by either any of the parties Parties of any breach by the any other party Party hereto or of any condition or provision of this Agreement to be performed by the any other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either any of the parties Parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 6 contracts

Samples: Non Solicitation Agreement (Atlas Energy, L.P.), Non Solicitation Agreement (Atlas Pipeline Partners Lp), Non Solicitation Agreement (Atlas Pipeline Partners Lp)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chairman of the Board of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Meridian Bioscience Inc), Youssef Hanine Employment Agreement (Nodechain, Inc.), Employment Agreement (Nodechain, Inc.)

Modification and Waiver. No Other than as set forth in Section 7.2 above with respect to Appendix A, no provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an executive officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 5 contracts

Samples: Executive Employment Agreement (Processa Pharmaceuticals, Inc.), Employment Agreement (ZK International Group Co., Ltd.), Employment Agreement (Northann Corp.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the President of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Silo Pharma, Inc.), Employment Agreement (DatChat, Inc.), Employment Agreement (DatChat, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an authorized individual with the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Australian Oilseeds Holdings LTD), Employment Agreement (Australian Oilseeds Holdings LTD), Employment Agreement (Australian Oilseeds Holdings LTD)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Companyparties. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Amended and Restated Services Agreement (Propanc Biopharma, Inc.), Director Agreement (Propanc Health Group Corp), Employment Agreement (Propanc Health Group Corp)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an executive officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an officer of the CompanyCompany (other than Executive) expressly authorized by the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar such provision or condition at the same any other time, or any prior other provision or subsequent timecondition, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof or to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Profire Energy Inc), Employment Agreement (Profire Energy Inc), Employment Agreement (Profire Energy Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Associate and by the Chief Executive and Officer of the CompanyEmployer. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. 8.

Appears in 5 contracts

Samples: Performance Share Unit Award Agreement (JELD-WEN Holding, Inc.), Performance Share Unit Award Agreement (JELD-WEN Holding, Inc.), Restricted Stock Unit Award Agreement (JELD-WEN Holding, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive you and by an authorized executive of the Company. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Separation Agreement and General (Adverum Biotechnologies, Inc.), Separation Agreement and General Release (Adverum Biotechnologies, Inc.), Separation Agreement and General Release of Claims (Adverum Biotechnologies, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an individual authorized by the CompanyBoard. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Agreement (Medizone International Inc), Agreement (Medizone International Inc), Agreement (Medizone International Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Amended and Restated Employment Agreement (Quantum Materials Corp.), Employment Agreement (Quantum Materials Corp.), Employment Agreement (Quantum Materials Corp.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall will be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall will the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Repare Therapeutics Inc.), Employment Agreement (Neptune Wellness Solutions Inc.), Employment Agreement (Repare Therapeutics Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCorporation. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 5 contracts

Samples: Employment Agreement (Fresh Vine Wine, Inc.), Employment Agreement (Humanigen, Inc), Employment Agreement (Humanigen, Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Companyby Flagstar. No waiver by either of the parties Parties of any breach by the other party hereto another Party of any condition or provision of this Agreement to be performed by the other party hereto another Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 4 contracts

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

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive and by the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 4 contracts

Samples: Employment Agreement (P10, Inc.), Employment Agreement (P10, Inc.), Securities Purchase Agreement (P10, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 4 contracts

Samples: Separation Agreement (RigNet, Inc.), Employment Agreement (RigNet, Inc.), Employment Agreement (RigNet, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chairman of the Board of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 4 contracts

Samples: Employment Agreement (Radius Health, Inc.), Employment Agreement (Heritage Oaks Bancorp), Employment Agreement (Female Health Co)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and the Companyby a Company authorized representative. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 4 contracts

Samples: Employment Agreement (Clearwater Analytics Holdings, Inc.), Employment Agreement (Clearwater Analytics Holdings, Inc.), Employment Agreement (Clearwater Analytics Holdings, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the CompanyChairman of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 4 contracts

Samples: Employment Agreement (Ponce Financial Group, Inc.), Employment Agreement (PDL Community Bancorp), Employment Agreement (PDL Community Bancorp)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Company[POSITION NAME] of the Employer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 4 contracts

Samples: Non Competition Agreement, Non Compete Agreement, Non Compete Agreement

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and approved by the Board of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 4 contracts

Samples: Employment Agreement (Lipella Pharmaceuticals Inc), Employment Agreement (Lipella Pharmaceuticals Inc), Employment Agreement (Lipella Pharmaceuticals Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and Chairman of the Board of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 4 contracts

Samples: Employment Agreement (Royale Energy, Inc.), Employment Agreement (Royale Energy, Inc.), Employment Agreement (Royale Energy, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the CompanyCEO of the Bank. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 3 contracts

Samples: Executive Employment Agreement (Western Alliance Bancorporation), Executive Employment Agreement (Western Alliance Bancorporation), Executive Employment Agreement (Western Alliance Bancorporation)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and such officer or director of the CompanyCompany as may be designated by the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Singing Machine Co Inc), Employment Agreement (Singing Machine Co Inc), Employment Agreement (Singing Machine Co Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the CompanyChief Legal Officer of the Employer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 3 contracts

Samples: Separation and Release of Claims Agreement, Separation and Release of Claims Agreement (Teladoc Health, Inc.), Separation and Release of Claims Agreement (Teladoc Health, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by a member of the CompanyBoard. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Flewber Global Inc.), Employment Agreement (Flewber Global Inc.), Employment Agreement (Flewber Global Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 3 contracts

Samples: Non Disparagement Agreement (Firstenergy Corp), Time Restricted Stock Unit Agreement (Atento S.A.), Performance Restricted Stock Unit Agreement (Atento S.A.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chief Executive Officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Perfect Moment Ltd.), Executive Employment Agreement (Legion Works, Inc.), Executive Employment Agreement (Dolphin Entertainment, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the CompanyFlagstar. No waiver by either of the parties Parties of any breach by the other party hereto another Party of any condition or provision of this Agreement to be performed by the other party hereto another Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

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

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Independent Director and the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: Independent Director Agreement (Nano Nuclear Energy Inc.), Independent Director Agreement (Nano Nuclear Energy Inc.), Independent Director Agreement (Nano Nuclear Energy Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Singularity Future Technology Ltd.), Employment Agreement (Singularity Future Technology Ltd.), Employment Agreement (Singularity Future Technology Ltd.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Employee and by the CompanyGeneral Counsel of the Employer. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: Separation Agreement and General Release (Foot Locker, Inc.), Separation Agreement and General Release (Foot Locker, Inc.), Separation Agreement and General Release (Foot Locker, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Participant and an officer of the Company. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 3 contracts

Samples: Woodside Share Unit Plan (Woodside Homes, Inc.), Woodside Share Unit Plan (Woodside Homes, Inc.), Consent and Release of Claims Agreement (Woodside Homes, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an executive officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Comtech Telecommunications Corp /De/), Employment Agreement (Comtech Telecommunications Corp /De/), Employment Agreement (Comtech Telecommunications Corp /De/)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by a duly authorized officer of the Company. Company (other than Executive), No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay delay’ by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.,

Appears in 3 contracts

Samples: Contribution Agreement, Contribution Agreement (Liquid Holdings Group LLC), Contribution Agreement (Liquid Holdings Group LLC)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by Employee and by the Executive and President of the Company. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 3 contracts

Samples: Interest Agreement (Charlotte's Web Holdings, Inc.), Interest Agreement (Charlotte's Web Holdings, Inc.), Charlotte's Web Holdings, Inc.

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by a duly authorized employee of the Executive and the CompanyCompany (other than me). No waiver by either of me or the parties Company of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of me or the parties Company in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: And Inventions Agreement (Civitas Resources, Inc.), And Inventions Agreement (Civitas Resources, Inc.), And Inventions Agreement (Civitas Resources, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive you and the Company. No waiver by either of you or the parties Company of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 3 contracts

Samples: Transition Agreement (Carrols Restaurant Group, Inc.), Separation and Release of Claims Agreement (Carrols Restaurant Group, Inc.), Separation and Release of Claims Agreement (Carrols Restaurant Group, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Companyby Board of Directors. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Planet 13 Holdings Inc.), Employment Agreement (Planet 13 Holdings Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Company. No waiver by either of the parties Parties of any breach by the other party hereto another Party of any condition or provision of this Agreement to be performed by the other party hereto another Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employment Agreement (New York Community Bancorp Inc), Employment Agreement (New York Community Bancorp Inc)

AutoNDA by SimpleDocs

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the General Counsel of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Separation Pay Agreement (Shockwave Medical, Inc.), Separation Pay Agreement (ShockWave Medical, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by a duly authorized officer of the Company. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Rights Assignment Agreement (Kenloc, Inc.), Rights Assignment Agreement (Kenloc, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chairman of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Diversified Restaurant Holdings, Inc.), Employment Agreement (Diversified Restaurant Holdings, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Executive, the Company, and the CompanyParent. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Appliance Recycling Centers of America Inc /Mn), Agreement and Plan of Merger (Appliance Recycling Centers of America Inc /Mn)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chef Executive Officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Nutex Health, Inc.), Employment Agreement

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by a duly authorized officer of the CompanyCompany (other than Executive). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Cannasys Inc), Employment Agreement (Cannasys Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Director and by the Chief Executive and Officer of the Company. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (Point of Care Nano-Technology, Inc.), Separation and Release of Claims Agreement (Point of Care Nano-Technology, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chief Executive Officer or Chairman of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Form of Executive Employment Agreement (Cellceutix CORP), Executive Employment Agreement (Cellceutix CORP)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Company. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Separation and Mutual Release of Claims Agreement (Usio, Inc.), Separation and Release of Claims Agreement (Payment Data Systems Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by either of the parties Party/any Party of any breach by the any other party hereto of any condition or provision of this Agreement to be performed by the any other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (RenovaCare, Inc.), Claims Agreement (SolarWindow Technologies, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by CEO of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Crinetics Pharmaceuticals, Inc.), Employment Agreement (Crinetics Pharmaceuticals, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Company. No waiver by either of the parties Party of any breach by the other party hereto Party of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Separation and Release Agreement (Wayside Technology Group, Inc.), Separation and Release Agreement (Wayside Technology Group, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an authorized officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Tangoe Inc), Employment Agreement (Tangoe Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Employee and by Chief Executive and Officer of the CompanyEmployer. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Transition Services Agreement (Ecosciences, Inc.), Transition Services Agreement (Ecosciences, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive you and the Companychair of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Angie's List, Inc., Angie's List, Inc.

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by General Counsel of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Separation Pay Agreement (Shockwave Medical, Inc.), Separation Pay Agreement (ShockWave Medical, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Employee and the CompanyEmployer. No waiver by either of the parties Party of any breach by the any other party hereto Party of any condition or provision of this Agreement to be performed by the any other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Claims Agreement, Separation and Release of Claims Agreement (Grow Capital, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by a [DULY AUTHORIZED OFFICER] of the CompanyEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Confidentiality and Proprietary Rights Agreement, Confidentiality and Proprietary Rights Agreement (California)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the President of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Olb Group, Inc.), Employment Agreement (Olb Group, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the CompanyCEO. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Executive Employment Agreement (SunOpta Inc.), Executive Employment Agreement (SunOpta Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Employee and the Companyby Employer's [POSITION NAME]. No waiver by either of the parties any Party of any breach by the any other party hereto of any condition or provision of this Agreement to be performed by the any other party hereto shall be deemed a waiver of any similar or dissimilar other provision or condition at the same or any prior or subsequent timecondition, nor shall the failure of or delay by either of the parties any Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Settlement and Release of Claims Agreement, Claims Agreement

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Planet 13 Holdings Inc.), Employment Agreement (Planet 13 Holdings Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (Gse Systems Inc), Separation and Release of Claims Agreement (Alteva, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the CompanyParties. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Investigative Services Agreement, Investigative Services Agreement

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (Sonoma Pharmaceuticals, Inc.), Separation and Release of Claims Agreement (Sonoma Pharmaceuticals, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification modifications is agreed to in writing and signed by the Executive Employee and an authorized officer of the Company, following approval by the Board or the Compensation Committee. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar other provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employee Non Competition Agreement (Life Time Group Holdings, Inc.), Employee Non Competition Agreement (Life Time Group Holdings, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by Employee and by the Executive and Minority Member Manager of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Worldwide Stages, Inc.), Employment Agreement (Worldwide Stages, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive and the Companyby P10. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (P10, Inc.), Employment Agreement (P10, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the CompanyEmployer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 1 contract

Samples: Amended and Restated Agreement (Integral Technologies Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.. ​

Appears in 1 contract

Samples: Employment Agreement (Saga Communications Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by Xx. Xxxxxxx and by an authorized officer of the Executive and the CompanyInsys. No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Insys Therapeutics, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Employee and an Executive and Officer of the CompanyEmployer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Western Alliance Bancorporation)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the CompanyChairman of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege, unless otherwise expressly provided for in writing signed by both parties.

Appears in 1 contract

Samples: Employment Agreement (Osiris Therapeutics, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by a majority of the CompanyBoard. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 1 contract

Samples: Employment Agreement (AYRO, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by President of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 1 contract

Samples: Employment Agreement (Tecogen Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the CompanyBoard or its delegate. No waiver by either of the parties Parties of any breach by the other party hereto Party of any condition or provision of this Agreement to be performed by the other party hereto shall Party will be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall will the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 1 contract

Samples: Employment Agreement (Kewaunee Scientific Corp /De/)

Modification and Waiver. No Except as provided for in Section 11, no provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 1 contract

Samples: Executive Employment Agreement (Prosperity Bancshares Inc)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Company’s Chief Executive Officer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, power or privilege.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alerus Financial Corp)

Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and an authorized representative of the CompanyEmployer. No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Cyclerion Therapeutics, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.