Common use of Modification; Waiver; Amendments Clause in Contracts

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 28 contracts

Samples: Employment Agreement (Carolina Bank Holdings Inc), Employment Agreement (New Century Bancorp Inc), Employment Agreement (AB&T Financial CORP)

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Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties heretoOfficer, the Company, except as herein otherwise provided. No waiver by either any party hereto, at any time, of any breach by the other any party hereto ofhereto, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both the parties, except as herein otherwise provided.

Appears in 17 contracts

Samples: Change of Control Agreement (Bank of Granite Corp), Change of Control Agreement (Bank of Granite Corp), Change of Control Agreement (FNB Corp/Nc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties heretoOfficer, Triangle and the Bank, except as herein otherwise provided. No waiver by either any party hereto, at any time, of any breach by the other any party hereto ofhereto, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both the parties, except as herein otherwise provided.

Appears in 5 contracts

Samples: Change of Control Agreement (Triangle Bancorp Inc), Change of Control Agreement (Triangle Bancorp Inc), Change of Control Agreement (Triangle Bancorp Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties heretoOfficer and Waccamaw, except as herein otherwise provided. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 3 contracts

Samples: Control Agreement (Waccamaw Bankshares Inc), Explanatory Note (Waccamaw Bankshares Inc), Control Agreement (Waccamaw Bankshares Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided. Notwithstanding any provision hereof, the Board may increase any compensation or benefit payable to, or receivable by, the Officer under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (First Commerce Corp), Employment Agreement (First Commerce Corp)

Modification; Waiver; Amendments. No Except as otherwise provided in Paragraphs 7, 8, 9 or 10 above, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 2 contracts

Samples: Severance and Change in Control Agreement (Ecb Bancorp Inc), Control Agreement (Ecb Bancorp Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waivermodification, modification waiver or discharge is agreed to in writing and signed by the parties heretoEmployee and the Bank, except as herein otherwise provided. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any with a condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 2 contracts

Samples: Change in Control Agreement (Gateway Financial Holdings Inc), Change in Control Agreement (Gateway Financial Holdings Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either any party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both all parties, except as herein otherwise provided.

Appears in 2 contracts

Samples: Employment Agreement (Waccamaw Bankshares Inc), Employment Agreement (New Century Bancorp Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 2 contracts

Samples: Employment Agreement (Bank of the Carolinas CORP), Employment Agreement (Bank of the Carolinas CORP)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions provision or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 2 contracts

Samples: Employment Agreement (Oak Ridge Financial Services, Inc.), Employment Agreement (Oak Ridge Financial Services, Inc.)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties heretoOfficer, Triangle and the Bank, except as herein otherwise provided. No waiver by either any party hereto, at any time, of any breach by the other any party hereto ofhereto, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both the parties, except as herein otherwise provided. 5.

Appears in 2 contracts

Samples: Change of Control Agreement (Triangle Bancorp Inc), Change of Control Agreement (Triangle Bancorp Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties heretoOfficer and BOW, except as herein otherwise provided. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 2 contracts

Samples: Change of Control Agreement (Bank of Wilmington CORP), Change of Control Agreement (Bank of Wilmington CORP)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification waiver or discharge is agreed to in writing and writing, signed by the parties heretoConsultant and Company. No waiver by either any party hereto, hereto at any time, time of any breach by the any other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of any similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments amendments, modifications or additions to this Agreement Agreement, including but not limited to any modification to the Term, shall be binding unless in writing and signed by both parties, except as herein otherwise providedall parties hereto.

Appears in 1 contract

Samples: First Amended Consulting Agreement (InfuSystem Holdings, Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided. 14.

Appears in 1 contract

Samples: Employment Agreement (Fountain Powerboat Industries Inc)

Modification; Waiver; Amendments. No Except as provided in Paragraph 10 (e) above, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Bank of the Carolinas CORP)

Modification; Waiver; Amendments. No Except to the extent specifically provided otherwise herein, no provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No Except as otherwise specifically set forth herein, no waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Change in Control Agreement (Bank of the Carolinas CORP)

Modification; Waiver; Amendments. No provision of this -------------------------------- Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Carolina Bank Holdings Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and writing, signed by the parties heretoConsultant and Piedmont. No waiver by either party hereto, hereto at any time, time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Consulting Agreement (Piedmont Natural Gas Co Inc)

Modification; Waiver; Amendments. No provision of this the Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to contained in writing and signed a written Agreement executed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, the failure of the other party to comply with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding effective unless in writing and signed by both parties. EMPLOYMENT AGREEMENT Howard B. Montgomery, except as herein otherwise provided.Jr.

Appears in 1 contract

Samples: Employment Agreement (Weststar Financial Services Corp)

Modification; Waiver; Amendments. No provision of this the Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to contained in writing and signed a written Agreement executed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, the failure of the other party to comply with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding effective unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Weststar Financial Services Corp)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Agreement and Plan (Triangle Bancorp Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Bank of the Carolinas CORP)

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Modification; Waiver; Amendments. No Except as otherwise provided in Paragraph 9(e) above, no provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Bank of the Carolinas CORP)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification waiver or discharge is agreed to in writing and writing, signed by the parties heretoConsultant and the Company. No waiver by either any party hereto, hereto at any time, time of any breach by the any other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of any similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments amendments, modifications or additions to this Agreement Agreement, including but not limited to any modification to the Term, shall be binding unless in writing and signed by both parties, except as herein otherwise providedall parties hereto.

Appears in 1 contract

Samples: Consulting Agreement (InfuSystem Holdings, Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party heretoparty, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (New Century Bancorp Inc)

Modification; Waiver; Amendments. No Except as otherwise provided in Paragraphs 8(g), 11 and 12 above, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Ecb Bancorp Inc)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided. 11.

Appears in 1 contract

Samples: Agreement (United Carolina Bancshares Corp)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, modified waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach brench by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions provision or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Oak Ridge Financial Services, Inc.)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of or any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions provision or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (M&f Bancorp Inc /Nc/)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties heretoOfficer and BOW, except as herein otherwise provided. β€˜No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Change of Control Agreement (Bank of Wilmington CORP)

Modification; Waiver; Amendments. No Except as otherwise provided in Paragraph 9(e) above, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Employment Agreement (Bank of the Carolinas CORP)

Modification; Waiver; Amendments. No provision of this Agreement may be -------------------------------- modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and writing, signed by Consultant and the parties heretoCompany. No waiver by either any party hereto, hereto at any time, time of any breach by the any other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of any similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both partiesall parties hereto, except as herein otherwise provided.

Appears in 1 contract

Samples: Consulting Agreement (American Bingo & Gaming Corp)

Modification; Waiver; Amendments. No provision of this Agreement --------- -------------------------------- may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either a party hereto, at any time, of any breach by the any other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other another party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both partiesall parties hereto, except as herein otherwise provided.

Appears in 1 contract

Samples: Mecklenburg Severance Agreement (First Commerce Corp)

Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and writing, signed by the parties heretoOfficer and on behalf of the Bank. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Merger (Scotland Bancorp Inc)

Modification; Waiver; Amendments. No provision of this Agreement may -------------------------------- be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided.

Appears in 1 contract

Samples: Agreement and Plan (First Savings Financial Corp)

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