Modification to Agreement. The Agreement is hereby modified as follows:
a. The following definition(s) as set forth in “Section 1.1
Modification to Agreement. Modifications and amendments to this Agreement shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
Modification to Agreement. We may modify this Agreement by giving You notice or by asking You to read and accept a new version of this Agreement. We may give You notice by posting a new version of the Agreement on the Website. If You do not agree with any modification, then You may not use the Services. Your continued access or use of any of the Services after our notice indicates your acceptance to the modified Agreement.
Modification to Agreement. The Agreement is hereby modified to amend and restate the section(s) referenced below:
Modification to Agreement. (a) The second to last sentence of Section 4(b) of the Agreement is hereby deleted in its entirety and replaced with the following two sentences: "No later than September 24, 2023, if Purchaser desires to extend the Entitlement Period for an additional period through October 24, 2023, Purchaser shall provide written notice to Seller and wire to Seller One Hundred Thousand and 00/100 Dollars ($100,000.00) (the “First Extension Fee”), in consideration of the first extension of the Entitlement Period, which fee shall be earned in full and non-refundable in all events once paid to Seller except in the event of termination of this Agreement by Purchaser in accordance with the provisions of Section 17(b) due to an uncured default by Seller under this Agreement. No later than October 24, 2023, if Purchaser desires to extend the Entitlement Period for an additional period, through November 24, 2023, Purchaser shall provide written notice to Seller and wire to Seller One Hundred Thousand and 00/100 Dollars ($100,000.00) (the “Second Extension Fee”, and together with the First Extension Fee, the “Extension Fees”), in consideration of the second extension of the Entitlement Period, which fee shall be earned in full and non-refundable in all events once paid to Seller except in the event of termination of this Agreement by Purchaser in accordance with the provisions of Section l 7(b) due to an uncured default by Seller under this Agreement.
(b) The proviso in Section 10(a)(ii) of the Agreement is hereby deleted in its entirety and replaced with the following: “provided, that, the Closing Date shall be scheduled no later than October 24, 2023 or, (i) if the first extension of the Entitlement Period is exercised, November 23, 2023, and (ii) if the second extension of the Entitlement Period is exercised, December 22, 2023.”
(c) Exhibit E which is attached hereto is added as a new Exhibit E to the Agreement and is titled “Nonrefundable Deposit Schedule, Extension and Final Payments.” For the avoidance of doubt, among other things, Exhibit E reflects (i) a deposit summary with respect to the Xxxxxxx Money and portions thereof constituting the Nonrefundable Deposit, (ii) the final payments due to Seller at transaction close (which amounts do not include $50,000 Xxxxxxx Money), (iii) Purchaser extension options, and (iv) an increase in the Purchase Price for the $25,000 signing deposit and Extension Fees, with a corresponding credit against such increased price for the signi...
Modification to Agreement. This agreement may not be modified in whole or in part except by an instrument in writing duly executed by the parties.
Modification to Agreement a) This agreement redefines the term of the original contract (2.01) to three (3) years from the Effective Date.
b) The compensation is increased from the original (4.01(a)(i)) US$10,000 per month to US$12,500. For any consulting amounts unpaid on the due date (1st of the month) the Consultant will accrue interest at 10% per annum and have the right to exchange unpaid amounts for shares at 80% of the thirty (30) day trading average.
c) The job description with increased responsibilities is as reflected in Attachment - 1.
d) In the absence of Company contributions to retirement plans or life insurance, the following clause is hereby added by virtue of this amendment to grant benefits to the Consultant in the event of disability or death. If Consultant’s Representative White dies or suffers a Disability during the Term, then the Consultant’s engagement shall be deemed to have terminated as of the date of such death or Disability. In the event the Consultant’s engagement with RAIN terminates during the Term by reason of Representative White’s death or Disability, then upon the date of such termination (i) any forfeiture provision of any Stock Option shall be of no further force or effect and the Consultant shall be fully vested in all Stock Options held by the Consultant and such options shall be exercisable but shall terminate if unexercised within three (3) months of the Effective Date of Termination; (ii) RAIN shall promptly pay and provide the Consultant: (A) any unpaid fees through the date of termination; (8) any earned but unpaid bonuses to the date of termination, (C) reimbursement for any unreimbursed expenses incurred through the date of termination and (D) all other payments or benefits to which the Consultant may be entitled subject to and in accordance with, the terms of any applicable compensation arrangement or benefit plan or program or grant and amounts which may become due in accordance with the provisions of this Agreement (collectively, “Accrued Benefits “) and (iii) RAIN shall self-insure the Consultant on the life of White and pay the Consultant a benefit equal to one (1) times the Annual Consultancy Fee. Upon receipt by the Consultant of all of the foregoing payments from RAIN, RAIN shall be deemed to have been released by the Consultant and Representatives and their assigns of and from any and all claims, actions, causes of action, demands, rights, damages, costs, interest, debts, expenses and compensation for or by reason of or in any...
Modification to Agreement. This agreement may be modified only in writing, executed by both parties. The modification in the fee schedule will be effective upon the initiation of providing the modified services.
Modification to Agreement. This Agreement may be modified by mutual agreement of the parties in writing.
Modification to Agreement. OnStar may modify this Agreement, by adding, deleting or changing any term, by providing notice to you at least 30 days in advance of the change, or by asking you to read and expressly click to accept a new version of this Agreement. Your continued access to and/or use of any of the Services after expiry of the notice period, or your acceptance click, will be deemed your acceptance of such modifications to the Agreement. If you do not agree with any modification, then you may terminate the Services as set out in Section 6 above. If someone other than you is using your vehicle or the OnStar system that time, you agree that such person is authorized to agree on your behalf.
