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 16 contracts

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

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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 14 contracts

Samples: Executive Employment Agreement (Cytosorbents Corp), Executive Employment Agreement (SunOpta Inc.), 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 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 10 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 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 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 8 contracts

Samples: Employment Agreement (Femco Steel Technology Co., Ltd.), Employment Agreement (Femco Steel Technology Co., Ltd.), Employment Agreement (Femco Steel Technology Co., 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 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: Change in Control Agreement (Cohu Inc), Change in Control 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 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: Executive 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 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, Separation Agreement, Separation 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 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 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 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 7 contracts

Samples: Employment Agreement (Oak Woods Acquisition Corp), Employment Agreement (Oak Woods Acquisition Corp), Executive Employment Agreement (Processa 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 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 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 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.

Appears in 6 contracts

Samples: Retention Grant Agreement (United States Steel Corp), Performance Share Award 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 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 6 contracts

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

Appears in 6 contracts

Samples: Performance Share Unit Award Agreement (JELD-WEN Holding, Inc.), Employment Agreement (JELD-WEN Holding, Inc.), Performance Share 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 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 6 contracts

Samples: Employment Agreement (Radiopharm Theranostics LTD), Employment Agreement (Repare Therapeutics Inc.), Employment Agreement (Neptune Wellness Solutions 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 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: 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 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 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 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: 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 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 (Adverum Biotechnologies, Inc.), Separation Agreement (Adverum Biotechnologies, Inc.), Separation Agreement (Adverum Biotechnologies, 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 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: Employment Agreement (Medizone International Inc), Employment Agreement (Medizone International Inc), Employment 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 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 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 4 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 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 4 contracts

Samples: Employment Agreement (Nano Nuclear Energy 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 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 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: Securities Purchase Agreement (P10, Inc.), 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 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 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 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 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 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: Separation and Release of Claims Agreement (Carrols Restaurant Group, Inc.), Transition 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 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: Employee Restrictive Covenants, Proprietary Information and Inventions Agreement (Civitas Resources, Inc.), Employee Restrictive Covenants, Proprietary Information and Inventions Agreement (Civitas Resources, Inc.), Employee Restrictive Covenants, Proprietary Information 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 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 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 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 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: Consent to Termination of Rights (Woodside Homes, Inc.), Consent to Termination of Rights (Woodside Homes, Inc.), Consent to Termination of Rights (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 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 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 (Foot Locker, Inc.), Separation Agreement (Foot Locker, Inc.), Employment Agreement (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 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 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: Employee Confidentiality, Non Disclosure, Non Compete, Invention Assignment and Conflict of Interest Agreement (Charlotte's Web Holdings, Inc.), Employee Confidentiality, Non Disclosure, Non Compete, Invention Assignment and Conflict of Interest Agreement (Charlotte's Web Holdings, Inc.), Employee Confidentiality, Non Disclosure, Non Compete, Invention Assignment and Conflict of Interest Agreement (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 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 3 contracts

Samples: Employment Agreement (Kura Sushi Usa, Inc.), 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 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 Competition and Non Disparagement Agreement (Firstenergy Corp), Performance Restricted Stock Unit Agreement (Atento S.A.), Time Restricted Stock Unit Agreement (Atento S.A.)

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 be approved by Resolution of the Board 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 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: Employment Agreement (SUNation Energy, Inc.), Employment Agreement (SUNation 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 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 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 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.), Separation, Consulting and Release of 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 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 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 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 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: Merger Agreement (Appliance Recycling Centers of America Inc /Mn), Merger Agreement (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 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 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.)

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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 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: Employment Agreement (Angie's List, Inc.), Employment Agreement (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 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: Confidentiality, Inventions and Proprietary Rights Assignment Agreement (Kenloc, Inc.), Confidentiality, Inventions and Proprietary 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 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 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: Separation and Release of 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 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 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)

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, Settlement 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 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 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 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 Agreement, Confidentiality 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 both Executive and by the CompanyChief Executive Officer or President of 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 2 contracts

Samples: Separation Agreement, Separation and Release of Claims Agreement (American Residential Properties, 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 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 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: Interim Officer Agreement (Better Choice Co Inc.), Employment Agreement (Cti Industries 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 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 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 a duly 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 1 contract

Samples: Employment Agreement (Unifoil 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 an individual authorized by the CompanyCompany 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, 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: Employment Agreement (Office Depot 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 by [POSITION NAME] of the CompanyEmployer. 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 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 1 contract

Samples: Executive Employment Agreement (Hudson 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 Legal Guardian and the Companyby a duly authorized officer of School. 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 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 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: Mutual Agreement to Arbitrate Disputes

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 an officer of Arrowhead. 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 1 contract

Samples: Separation and Release of Claims Agreement (Arrowhead 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 a duly authorized officer of the Company. No waiver by either any of the parties of any breach by the any 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 (Unifoil Holdings, 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 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 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 1 contract

Samples: Retirement Agreement (Seaboard 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 the Companyboth parties hereto. 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 (ALT5 Sigma 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 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, 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: Employment Agreement (Protea Biosciences Group, Inc.)

Modification and Waiver. No provision of this Agreement may be amended or modified by the Parties unless such the amendment or modification is agreed to in writing and signed by the Executive and the CompanyParties. 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 1 contract

Samples: Employee Non Compete and Non Disclosure Agreement (Brady 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 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 1 contract

Samples: Employment Agreement (Recovery 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 SVP of Business Development 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 (Esports Entertainment 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 Companyboth parties. 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 (Cyngn 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 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 Release of Claims Agreement (RE/MAX Holdings, 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 Group. No waiver by either of the parties 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 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 1 contract

Samples: Employee Separation and Release of Claims Agreement (Hagerty, 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 1 contract

Samples: Separation and Release of Claims Agreement (R F Industries 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 Company and the CompanyXxXxxxxx. 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 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 1 contract

Samples: Separation and Release of Claims Agreement (FutureFuel 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 an authorized employee of the CompanyEmployer. 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 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 1 contract

Samples: Separation and Release Agreement (American River Bankshares)

Modification and Waiver. No Except by a court in accordance with Section 22 below, no provision of this Agreement may be amended or modified (in whole or in part), 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: Executive Employment Agreement (TILT 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 Chief Technology 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 1 contract

Samples: Employment Agreement (StorEn Technologies Inc.)

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