Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 9 contracts
Samples: Indemnification Agreement (Netsource Communications Inc), Indemnification Agreement (Intertrust Technologies Corp), Form of Indemnification Agreement (Marketfirst Software Inc)
Modification and Waiver. No supplement, modification, modification or ----------------------- termination 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 provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.
Appears in 9 contracts
Samples: Indemnity Agreement (Commerx Inc), Indemnity Agreement (Oni Systems Corp), Indemnity Agreement (Keynote Systems Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both all 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 7 contracts
Samples: Indemnification Agreement (Cempra, Inc.), Indemnification Agreement (Cempra, Inc.), Indemnification Agreement (Cempra, Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall will such waiver constitute a continuing waiver.
Appears in 6 contracts
Samples: Indemnification Agreement (Novation Companies, Inc.), Indemnification Agreement (Novation Companies, Inc.), Indemnification Agreement (Novastar Financial Inc)
Modification and Waiver. No supplement, modification, ----------------------- waiver or termination or amendment of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties heretoto be bound thereby. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.
Appears in 6 contracts
Samples: Membership Interest (Camber Energy, Inc.), Exchange Agreement (WESTMORELAND COAL Co), Exchange Agreement (Westmoreland Resource Partners, LP)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 6 contracts
Samples: Indemnity Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD)
Modification and Waiver. No supplement, modification, termination ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 6 contracts
Samples: Indemnification Agreement (Optical Communication Products Inc), Indemnification Agreement (Scient Corp), Indemnification Agreement (Pervasive Software Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 6 contracts
Samples: Indemnification Agreement (Entravision Communications Corp), Indemnification Agreement (Altiris Inc), Indemnification Agreement (Dialysis Corp of America)
Modification and Waiver. (a) No supplementamendment, modification, ----------------------- termination supplementation or amendment repeal of this Agreement or any provision hereof 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 5 contracts
Samples: Indemnification Agreement (Nextnav Inc.), Indemnification Agreement (ClearPoint Neuro, Inc.), Indemnification Agreement (SkyWater Technology, Inc)
Modification and Waiver. No Except as contemplated by Section 3(c), no supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 5 contracts
Samples: Indemnity Agreement (ZAIS Group Holdings, Inc.), Indemnity Agreement (Young Innovations Inc), Indemnity Agreement (Young Innovations Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) shall be binding unless executed in writing by both the parties hereto nor shall such waiver constitute a continuing waiver.
Appears in 5 contracts
Samples: Consulting Agreement (Dermisonics, Inc), Consulting Agreement (Dermisonics, Inc), Consulting Agreement (Dermisonics, Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination modification or amendment of ----------------------- this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 4 contracts
Samples: Indemnification Agreement (Support Com Inc), Indemnification Agreement (Beatnik Inc), Indemnification Agreement (Egain Communications Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.
Appears in 4 contracts
Samples: Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc)
Modification and Waiver. No Except as contemplated by Section 3(c), no supplement, modification, ----------------------- termination modification or amendment of this Agreement shall be binding unless executed in writing by both of the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 4 contracts
Samples: Indemnity Agreement (Coinmach Service Corp), Indemnity Agreement (Coinmach Service Corp), Indemnity Agreement (Coinmach Service Corp)
Modification and Waiver. 14.1 No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 4 contracts
Samples: Indemnity Agreement (NXT Energy Solutions Inc.), Indemnity Agreement (Oilsands Quest Inc), Indemnity Agreement (NXT Energy Solutions Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.
Appears in 4 contracts
Samples: Indemnity Agreement (Dovebid Inc), Indemnity Agreement (Ebay Inc), Indemnity Agreement (Dovebid Inc)
Modification and Waiver. No supplement, modification, modification or ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 4 contracts
Samples: Indemnity Agreement (Interwoven Inc), Indemnity Agreement (Snowball Com Inc), Indemnification Agreement (Citizens South Banking Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination modification or amendment of this Indemnification Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Indemnification Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall and except as expressly provided herein, no such waiver shall constitute a continuing waiver.
Appears in 3 contracts
Samples: Indemnification Agreement (Collegiate Pacific Inc), Indemnification Agreement (Sport Supply Group, Inc.), Form of Indemnification Agreement (Collegiate Pacific Inc)
Modification and Waiver. (a) No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 3 contracts
Samples: Employment Agreement (Wet Seal Inc), Separation Agreement and General Release (Wet Seal Inc), Indemnification Agreement (Wet Seal Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination supplement to or modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall will any such waiver constitute a continuing waiver. Section 23.
Appears in 3 contracts
Samples: Indemnification Agreement (Us Concrete Inc), Indemnification Agreement (Us Concrete Inc), Indemnification Agreement for Ronnie (Us Concrete Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination termination, amendment or amendment waiver 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 3 contracts
Samples: Indemnification Agreement (Aetherium Acquisition Corp), Indemnification Agreement (Aetherium Acquisition Corp), Indemnification Agreement (Aetherium Acquisition Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 3 contracts
Samples: Indemnification Agreement (Quiznos Corp), Indemnification Agreement (Quiznos Corp), Indemnification Agreement (Yp Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall ), and any such waiver shall not constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Casper Sleep Inc.), Indemnification Agreement (Casper Sleep Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination modification or ------------------------ amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of or any of the provisions of this Agreement shall constitute, or be deemed or shall constitute to constitute, a waiver of any other provisions provision hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.. The parties hereto have caused this Agreement to be duly executed as of the day and year first above written. THE LIMITED, INC. INDEMNITEE
Appears in 2 contracts
Samples: Indemnification Agreement (Limited Inc), Indemnification Agreement (Limited Inc)
Modification and Waiver. No supplement, modification, ----------------------- waiver, or termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoParticipant and VAR. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided. Except as otherwise provided herein, no term or provision hereof shall be deemed waived and no breach excused.
Appears in 2 contracts
Samples: Program Cooperative Agreement, Institute Program Cooperative Agreement
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both each 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement, Form of Indemnification Agreement (Interactive Data Corp/Ma/)
Modification and Waiver. No supplementThis Agreement may not be modified, modificationamended, ----------------------- termination altered, supplemented or amendment terminated, except upon the execution and delivery of this Agreement shall be binding unless a written agreement 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Geokinetics Inc), Indemnification Agreement (Kinder Morgan Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (American Well Corp), Indemnification Agreement (Auriga Laboratories, Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of or any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not nor similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Quadramed Corp), Indemnification Agreement (Quadramed Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver, unless, in each case, the waiver expressly so states.
Appears in 2 contracts
Samples: ] Indemnification Agreement (Exar Corp), ]Indemnification Agreement (Ultratech Inc)
Modification and Waiver. No supplement, modification, ----------------------- waiver or termination or amendment of this Agreement or any provisions hereof shall be binding unless executed in writing by both of the parties heretoperson to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Trident Trust Co Iom LTD), Assignment and Assumption Agreement (Trident Trust Co Iom LTD)
Modification and Waiver. No supplement, modification, ----------------------- termination termination, 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnity Agreement (Conduit Pharmaceuticals Inc.), Indemnification Agreement (Golden Cacao Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such that waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Xhibit Corp.), Indemnification Agreement (IsoRay, Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Digital Theater Systems Inc), Indemnification Agreement (Digital Theater Systems Inc)
Modification and Waiver. 13.1 No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Star Fashion Culture Holdings LTD), Indemnification Agreement (Linkers Industries LTD)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising a right or remedy hereunder shall constitute a waiver thereof.
Appears in 2 contracts
Samples: Plan Fiduciary Indemnification Agreement (Novellus Systems Inc), Indemnification Agreement (Novellus Systems Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor nor, unless otherwise expressly stated shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Colony NorthStar, Inc.), Indemnification Agreement (NorthStar Realty Europe Corp.)
Modification and Waiver. No supplement, modification, ----------------------- termination termination, or amendment of this Agreement shall be binding on either party hereto unless such change shall have been executed in writing by both each 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Officer Indemnification Agreement (Usana Health Sciences Inc), Director Indemnification Agreement (Usana Health Sciences Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (Landsea Homes Corp), Stock Settlement and Release Agreement (Image Chain Group Limited, Inc.)
Modification and Waiver. No supplement, modification, modification or ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: S Agreement (Life Technologies Inc), S Agreement (Life Technologies Inc)
Modification and Waiver. No supplement, modification, ----------------------- waiver, or termination or amendment of this Agreement or any provisions hereof 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 provisions hereof provision (whether or not similar) ); nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.
Appears in 2 contracts
Samples: Agreement (Taylor & Martin Group Inc), Agreement (Taylor & Martin Group Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor nor, unless otherwise expressly stated, shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (North Haven Net REIT), Form of Indemnification Agreement (Starwood Credit Real Estate Income Trust)
Modification and Waiver. No supplement, modification, ----------------------- termination modification or amendment of ----------------------- this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other of the provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any provision of this Agreement shall be effective unless executed in writing.
Appears in 2 contracts
Samples: Indemnification Agreement (Copper Mountain Networks Inc), Indemnification Agreement (Purchasepro Com Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of D-14 any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Indemnification Agreement (DraftKings Inc.), Executive Employment Agreement (DraftKings Inc.)
Modification and Waiver. No Except as contemplated by Section 3(c), ----------------------- no supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No xxxxxx.Xx waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Director Indemnification Agreement (Terra Tech Corp.)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. 16.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall will be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall will such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Homeowners Choice, Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination termination, or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. (a) No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. 16.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretohereto [and the Fund Indemnitors]. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Roadrunner Transportation Systems, Inc.)
Modification and Waiver. No Except as set forth in Section 14, no supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, modification or ----------------------- termination 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 provisions hereof (provision hereof, whether or not similar) , nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.. pa-1706338
Appears in 1 contract
Samples: Indemnification Agreement (Catalyst Biosciences, Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Form of Indemnity Agreement (Consolidation Capital Corp)
Modification and Waiver. No supplement, modification, modification or ----------------------- termination or amendment of this Agreement shall be binding unless executed in writing executed by both of the parties heretoTrust and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Lincoln Variable Insurance Products Trust)
Modification and Waiver. No supplement, modification, ----------------------- waiver or termination or amendment of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties heretoto be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.
Appears in 1 contract
Samples: Partnership Interest Transfer Agreement (Lyondell Chemical Co)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (hereof, whether or not similar) , nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Twin Cities Power Holdings, LLC)
Modification and Waiver. No Except as provided in the last sentence of Section 15 above, no supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnity Agreement (Vitalstate Inc)
Modification and Waiver. No supplement, modification, or ----------------------- termination 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 of the provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Transmedia Network Inc /De/)
Modification and Waiver. No supplement, modification, modification or ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnity Agreement (Trump Hotels & Casino Resorts Funding Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnity Agreement (Globenet Communications Group LTD)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.. TC \l2 "
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) shall be binding unless executed in writing by both the parties hereto nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Agreement (Video Services Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Colonial Commercial Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor not shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.. 41
Appears in 1 contract
Samples: Indemnification Agreement (Building Materials Holding Corp)
Modification and Waiver. No supplement, modification, ----------------------- termination modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any of the other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.
Appears in 1 contract
Samples: Indemnification Agreement (Bridgepoint Education Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination waiver, termination, 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, waiver, or ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Telaxis Communications Corp)
Modification and Waiver. No supplement, modification, waiver or termination ----------------------- termination or amendment of this Agreement Amendment or any provisions hereof shall be binding unless executed in writing by both the requisite number of Partners required to amend the parties heretoPartnership Agreement. No waiver of any of the provisions of this Agreement shall be deemed or Amendment shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.
Appears in 1 contract
Samples: Aviva Petroleum Inc /Tx/
Modification and Waiver. No supplement, modification, ----------------------- termination modification or amendment of this Agreement shall be binding 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 to constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Brink's Home Security Holdings, Inc.)
Modification and Waiver. No supplement, modification, modification ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Agreement (Lydall Inc /De/)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor nor, unless otherwise expressly stated therein, shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- waiver or termination or amendment of this Agreement or any provisions hereof shall be binding unless executed in writing by both of the parties heretoto be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. [This space intentionally left blank]
Appears in 1 contract
Samples: Indemnification Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor nor, unless otherwise expressly stated, shall such waiver constitute a continuing waiver.. Indemnification Agreement – Rxxxx Xxxxxx BHM
Appears in 1 contract
Samples: Indemnification Agreement (Bluerock Homes Trust, Inc.)
Modification and Waiver. No supplement, modification, ----------------------- waiver or termination or amendment of this Agreement or any provisions hereof shall be binding unless executed in writing by both of the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Unless otherwise expressly provided herein, no delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof.
Appears in 1 contract
Modification and Waiver. No supplement, modification, ----------------------- waiver, or termination or amendment of this Agreement or any provisions hereof shall be binding unless executed in writing by both of the parties heretoall Parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ); nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.
Appears in 1 contract
Samples: Omnibus Assignment, Assumption and Amendment Agreement (Istar Inc.)
Modification and Waiver. No Except as provided in Section 13, no supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. No Except as expressly provided herein, no ------------------------ supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Concurrent Computer Corp/De)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor nor, unless otherwise expressly stated, shall such waiver constitute a continuing waiver. Section 24.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Steadfast Apartment REIT, Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Section 20.
Appears in 1 contract
Modification and Waiver. No supplement, modification, or ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Marquette Medical Systems Inc)
Modification and Waiver. No supplement, modification, ----------------------- termination 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Section 21.
Appears in 1 contract
Samples: Indemnification Agreement
Modification and Waiver. No supplement, modification, ----------------------- termination or amendment of this Indemnification Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Indemnification Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Modification and Waiver. No supplement, modification, ----------------------- termination modification or amendment of ----------------------- this Agreement shall be binding unless executed in writing by both all 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Modification and Waiver. (a) No supplementamendment, modification, ----------------------- termination supplementation, or amendment repeal 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 provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Indemnification Agreement (Vca Inc)
