Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 81 contracts

Samples: Indemnification Agreement (First Advantage Corp), Indemnification Agreement (Mattress Firm Group Inc.), Indemnification Agreement (Summit Materials, LLC)

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Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and the Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement nor shall such any waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 18 contracts

Samples: Indemnification Agreement (ARKO Corp.), Indemnification Agreement (Big Rock Partners Acquisition Corp.), Indemnification Agreement (Big Rock Partners Acquisition Corp.)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall and except as expressly provided herein, no such waiver shall constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 6 contracts

Samples: Indemnification Agreement (Bakkt Holdings, Inc.), Indemnification Agreement (Intapp, Inc.), Employment Agreement (Qualtrics International Inc.)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company Indemnitor without Indemnitee’s prior written consent.

Appears in 5 contracts

Samples: Indemnification Agreement (Carlyle Secured Lending III), Indemnification Agreement (TCG BDC II, Inc.), Indemnification Agreement (NF Investment Corp.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For The indemnification rights afforded to the avoidance of doubt, this Agreement Indemnitee hereby are contract rights and may not be terminated diminished, eliminated or otherwise affected by amendments to the Certificate of Incorporation or Bylaws of the Company without Indemnitee’s prior written consentor by other agreements.

Appears in 5 contracts

Samples: Indemnification Agreement (HyperSpace Communications, Inc.), Indemnification Agreement (Davita Inc), Indemnification Agreement (Netlist Inc)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consentexcept as provided in Section 7 of this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (BrightView Holdings, Inc.), Indemnification Agreement (Home Point Capital Inc.), Indemnification Agreement (BrightView Holdings, Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and Indemnitee. No waiver Waiver of any of the provisions provision of this Agreement shall will be deemed or shall to constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 4 contracts

Samples: Indemnification Agreement (Elsinore Corp), Indemnification Agreement (Elsinore Corp), Indemnification Agreement (Elsinore Corp)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, except pursuant to Section 5(b), this Agreement may not be terminated by the Company Companies without Indemnitee’s prior written consent.

Appears in 4 contracts

Samples: Indemnification Agreement (KCI Animal Health, LLC), Indemnification Agreement (KCI Animal Health, LLC), Indemnification Agreement (KCI Animal Health, LLC)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company Indemnitors without Indemnitee’s prior written consent.

Appears in 4 contracts

Samples: Indemnification Agreement (Blue Owl Capital Inc.), Indemnification Agreement (Ares Management Corp), Indemnification Agreement (Ares Management Corp)

Modification and Waiver. None of the terms or conditions of this Agreement may be waived except in writing by the party, which is entitled to the benefits thereof. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoIndividual/Company and the Consultant. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 4 contracts

Samples: Non Circumvention and Non Disclosure Agreement, Consulting Agreement, Non Circumvention and Non Disclosure Agreement

Modification and Waiver. None of the terms or conditions of this Agreement may be waived except in writing by the party which is entitled to the benefits thereof. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoFinder and Company. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 4 contracts

Samples: Financing Finder’s Fee Agreement (SiteWorks Building & Development Co.), Financing Finder’s Fee Agreement (SiteWorks Building & Development Co.), Financing Finder's Fee Agreement (SiteWorks Building & Development Co.)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement, nor shall such any waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 3 contracts

Samples: Indemnification Agreement (Enviva Inc.), Indemnification Agreement (REV Renewables, Inc.), Indemnification Agreement (Enviva Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement, nor shall such any waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 3 contracts

Samples: Indemnification Agreement (Kimbell Tiger Acquisition Corp), Indemnification Agreement (Kimbell Tiger Acquisition Corp), Indemnification Agreement (Kimbell Tiger Acquisition Corp)

Modification and Waiver. No supplement, modification, waiver or amendment provision of this Agreement shall may be binding amended or modified unless executed such amendment or modification is agreed to in writing and signed by both of the parties heretoEmployee and by the Company. No waiver of any provision hereof shall be valid unless made in writing and signed by the party making the waiver. No waiver of the provisions any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 2 contracts

Samples: Consulting Agreement (GrowGeneration Corp.), Separation and Release Agreement (GrowGeneration Corp.)

Modification and Waiver. No supplement, modification, waiver modification or ----------------------- amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For The indemnification rights afforded to the avoidance of doubt, this Agreement Indemnitee hereby are contract rights and may not be terminated diminished, eliminated or otherwise affected by amendments to the Articles of Incorporation or Bylaws of the Company without Indemnitee’s prior written consentor by other agreements.

Appears in 2 contracts

Samples: Indemnity Agreement (Laralev Inc), Indemnity Agreement (Laralev Inc)

Modification and Waiver. No supplement, modification, change or waiver or amendment of this Agreement or any provision hereof shall be binding unless executed in writing by both of you and the parties heretoCompany evidencing the parties' respective intent to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consentwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Retirement Agreement (Pittston Co), Retirement Agreement (Pittston Co)

Modification and Waiver. None of the terms or conditions of this Agreement may be waived except in writing by the party which is entitled to the benefits thereof. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoConsultant and Company. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 2 contracts

Samples: Retainer & Fee Agreement (Royal Quantum Group Inc), Consulting Agreement (Advanced Viral Research Corp)

Modification and Waiver. None of the terms or conditions of this Agreement may be waived except in writing by the party that is entitled to the benefits thereof. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoM&C and Company. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 2 contracts

Samples: Consulting Agreement (Aeolus Pharmaceuticals, Inc.), Consulting Agreement (Aeolus Pharmaceuticals, Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof provisions of this Agreement (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 2 contracts

Samples: Indemnity Agreement (Facet Biotech Corp), Indemnity Agreement (Facet Biotech Corp)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For The indemnification rights afforded to the avoidance of doubt, this Agreement Indemnitee hereby are contract rights and may not be terminated diminished, eliminated or otherwise affected by amendments to the certificate of incorporation or bylaws of the Company without Indemnitee’s prior written consentor by other agreements.

Appears in 2 contracts

Samples: Indemnity Agreement (Maxwell Technologies Inc), Indemnity Agreement (Maxwell Technologies Inc)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and the Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 2 contracts

Samples: Forward Purchase Agreement (CF Corp), Forward Purchase Agreement (CF Corp)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. Company and Indemnitee No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement nor shall such any waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 2 contracts

Samples: Indemnity Agreement (Forum Merger IV Corp), Indemnification Agreement (Forum Merger III Corp)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubtHowever, no other agreement may impair Indemnitee’s rights under this Agreement may not be terminated Agreement, unless it is signed by the Company without Indemnitee’s prior written consentIndemnitee and expressly states that it is diminishing the rights of the Indemnitee under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Woodside Homes, Inc.), Indemnification Agreement (Red Rock Resorts, Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing executed by both of the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Sentinel Group Funds Inc)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company Partnership without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (PBF Logistics LP)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without the Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Waystar Holding Corp.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement nor shall such any waiver constitute a continuing waiver. For , except to the avoidance of doubt, this Agreement may not be terminated by extent that the Company without Indemnitee’s prior written consentis materially prejudiced by such failure.

Appears in 1 contract

Samples: Indemnification Agreement (Cougar Biotechnology, Inc.)

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Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without the Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Nielsen Holdings PLC)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification & Liability (Precis Inc)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For This Agreement shall supersede and replace any prior indemnification agreements entered into by and between the avoidance of doubt, this Agreement may not Company and the Indemnitee and any such prior agreements shall be terminated by the Company without Indemnitee’s prior written consentupon execution of this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (CalAmp Corp.)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company Indemnitors without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Carlyle Group L.P.)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company Fund without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Sierra Total Return Fund)

Modification and Waiver. No supplement, modification, amendment or waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For The indemnification rights afforded to the avoidance of doubt, this Agreement Indemnitee hereby are contract rights and may not be terminated diminished, eliminated or otherwise affected by amendments to the certificate of incorporation or bylaws of the Company without Indemnitee’s prior written consentor by other agreements.

Appears in 1 contract

Samples: Indemnity Agreement (Advance Auto Parts Inc)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the Company and Indemnitee parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement nor shall such any waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Stellar Acquisition III Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement nor shall such any waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification & Liability (Abacus Life, Inc.)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For {OR055187.DOCX; 3} the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Severance Agreement (Hilton Grand Vacations Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCorporation and the Indemnitee. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Hard Rock Hotel Inc)

Modification and Waiver. None of the terms or conditions of this Agreement may be waived except in writing. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoTelediscount and Company. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Contractual Agreement (Nuevo Financial Center, Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing executed by both of the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Select Sector SPDR Trust)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both Regency and Company. None of the parties heretoterms or conditions of this Agreement may be waived except in writing by the party which is entitled to the benefits above. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Royalty Agreement (Amerivision Communications Inc)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be modified or terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (University Club, Inc. (FL))

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Fusion Connect, Inc.)

Modification and Waiver. No supplement, modification, waiver modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For The indemnification rights afforded to the avoidance of doubt, this Agreement Indemnitee hereby are contract rights and may not be terminated diminished, eliminated or otherwise affected by amendments to the Company without Indemnitee’s prior written consentCertificate of Incorporation of the Company, the Bylaws or by other agreements.

Appears in 1 contract

Samples: Indemnity Agreement (Davita Inc)

Modification and Waiver. No supplement, modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoCompanies and the Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company Companies without Indemnitee’s prior written consent.

Appears in 1 contract

Samples: Indemnification Agreement (Associated Materials, LLC)

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