Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 34 contracts
Samples: Employment Agreement (Sohu.com LTD), Employment Agreement (Sohu Com Inc), Executive Employment Agreement (Sohu Com Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee You and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Corporation. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 19 contracts
Samples: Severance Agreement (Otter Tail Corp), Severance Agreement (Otter Tail Corp), Change in Control Severance Agreement (Otter Tail Corp)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by a duly authorized officer of the Company and is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directorsofficer. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 19 contracts
Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/)
Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of DirectorsInvacare. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.
Appears in 17 contracts
Samples: Change of Control Severance Agreement (INVACARE HOLDINGS Corp), Change of Control Severance Agreement (INVACARE HOLDINGS Corp), Change of Control Severance Agreement (INVACARE HOLDINGS Corp)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 16 contracts
Samples: Change in Control Agreement (Genvec Inc), Executive Change of Control Agreement (Skyterra Communications Inc), Change in Control Agreement (Entremed Inc)
Modification; Waiver. No provision of this Agreement may be modified, amended, waived or discharged unless such waiver, modification, waiver amendment or discharge is agreed to in writing and signed by you and the Employee and such officer Chairman of the Company as may be specifically designated by its Board of DirectorsBoard. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 15 contracts
Samples: Employment Agreement (Verenium Corp), Employment Agreement (Verenium Corp), Employment Agreement (Verenium Corp)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 14 contracts
Samples: Severance Pay Agreement (Cyberoptics Corp), Severance Pay Agreement (Cyberoptics Corp), Severance Agreement (Cyberoptics Corp)
Modification; Waiver. No provision of this Agreement may be amended, modified, waived or discharged unless the amendment, modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such by an authorized officer of the Company as may be specifically designated by its Board of Directors(other than Executive). No waiver by either party at any time of any breach by the other party of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party will shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.
Appears in 13 contracts
Samples: Retention and Ownership Change Event Agreement (Immersion Corp), Retention and Ownership Change Event Agreement (Immersion Corp), Retention and Ownership Change Event Agreement (Immersion Corp)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 13 contracts
Samples: Termination Agreement (Mgi Pharma Inc), Termination Agreement (Mgi Pharma Inc), Termination Agreement (Mgi Pharma Inc)
Modification; Waiver. No provision of this Agreement may be amended, modified, or waived unless such amendment or discharged unless modification, waiver or discharge modification is agreed to in writing and signed by the Employee Participant and such by a duly authorized officer of the Company as may Company, and such waiver is set forth in writing and signed by the party to be specifically designated by its Board of Directorscharged. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, hereto of any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 12 contracts
Samples: Incentive Stock Option Agreement (Inmune Bio, Inc.), Incentive Stock Option Agreement (Inmune Bio, Inc.), Employment Agreement (Champps Entertainment Inc)
Modification; Waiver. No provision of this Agreement may be amended, modified, or waived unless such amendment or discharged unless modification, waiver or discharge modification is agreed to in writing and signed by the Employee Executive and such by a duly authorized officer of the Company as may Company, and such waiver is set forth in writing and signed by the party to be specifically designated by its Board of Directorscharged. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, hereto of any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 12 contracts
Samples: Employment Agreement (Martha Stewart Living Omnimedia Inc), Employment Agreement (Martha Stewart Living Omnimedia Inc), Employment Agreement (Martha Stewart Living Omnimedia Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such by an officer of the Company as may be specifically designated thereunto expressly authorized by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 11 contracts
Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (Under Armour, Inc.), Change in Control Severance Agreement (Under Armour, Inc.)
Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 10 contracts
Samples: Change in Control Agreement (Pemstar Inc), Change in Control Agreement (Pemstar Inc), Change in Control Agreement (Young America Holdings Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 8 contracts
Samples: Retention Agreement, Retention Agreement (Supervalu Inc), Change in Control Severance Agreement (Apogee Enterprises Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by a duly authorized officer of the Company and is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsofficer. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 8 contracts
Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/)
Modification; Waiver. No provision of this Agreement may be -------------------- modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer on behalf of the Company by such officer as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 8 contracts
Samples: Employment Agreement (Anderson Tully Co), Executive Employment Agreement (Anderson Tully Co), Employment Agreement (Anderson Tully Co)
Modification; Waiver. No provision of this Agreement may be -------------------- modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsthe Board. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 7 contracts
Samples: Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc)
Modification; Waiver. No provision of this Agreement may be amended, modified, or waived unless such amendment or discharged unless modification, waiver or discharge modification is agreed to in writing and signed by the Employee Optionee and such by a duly authorized officer of the Company as may Corporation, and such waiver is set forth in writing and signed by the party to be specifically designated by its Board of Directorscharged. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, hereto of any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 7 contracts
Samples: Nonstatutory Stock Option Agreement (China Recycling Energy Corp), Nonstatutory Stock Option Agreement (China Recycling Energy Corp), Nonstatutory Stock Option Agreement (China Recycling Energy Corp)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by Executive and by the Employee and such officer Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 5 contracts
Samples: Change of Control Retention Agreement (Digimarc CORP), Change of Control Retention Agreement (Digimarc CORP), Change of Control Retention Agreement (Digimarc CORP)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (Restore Medical, Inc.), Employment Agreement (Restore Medical, Inc.), Change in Control Agreement (Restore Medical, Inc.)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 5 contracts
Samples: Retention Agreement (Abbott Laboratories), Retention Agreement (Abbott Laboratories), Severance Agreement (St Jude Medical Inc)
Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 5 contracts
Samples: Severance Agreement (Maxcyte, Inc.), Severance Agreement (Maxcyte, Inc.), Severance Agreement (Maxcyte, Inc.)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by the Board or a person authorized thereby, and is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any the time of any breach by the other party of, or compliance with, hereto of any condition or provision of this Agreement to be performed Agreement, or compliance therewith, by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time, or at any prior or subsequent time.
Appears in 5 contracts
Samples: Employment Agreement (International Assets Holding Corp), Employment Agreement (International Assets Holding Corp), Employment Agreement (International Assets Holding Corp)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Executive and such officer by the Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 4 contracts
Samples: Termination Protection Agreement, Termination Protection Agreement (Esterline Technologies Corp), Termination Protection Agreement (Esterline Technologies Corp)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Executive and by such officer director of the Company Employer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 4 contracts
Samples: Merger Agreement (Trustmark Corp), Employment Agreement (Metrocorp Bancshares Inc), Employment Agreement (Metrocorp Bancshares Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Corporation. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Otter Tail Corp), Change in Control Severance Agreement (Otter Tail Corp), Change in Control Severance Agreement (Otter Tail Corp)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by a duly authorized officer of the Company and is agreed to in a writing signed by the Employee Associate and such officer of the Company as may be specifically designated by its Board of Directorsofficer. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 4 contracts
Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such director or officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 4 contracts
Samples: Executive Severance Agreement (Southwestern Energy Co), Executive Severance Agreement (Southwestern Energy Co), Severance Agreement (Southwestern Energy Co)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 3 contracts
Samples: Severance Pay Agreement (Diametrics Medical Inc), Severance Pay Agreement (Diametrics Medical Inc), Severance Pay Agreement (Diametrics Medical Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Executive and such officer by the Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 3 contracts
Samples: Termination Protection Agreement, Termination Protection Agreement (Esterline Technologies Corp), Termination Protection Agreement (Esterline Technologies Corp)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and by such officer director of the Company Employer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 3 contracts
Samples: Employment Agreement (Texas United Bancshares Inc), Employment Agreement (Texas United Bancshares Inc), Employment Agreement (Texas United Bancshares Inc)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company Corporation as may be specifically designated by its Board of Directorsthe Board. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Coltec Industries Inc), Employment Agreement (Coltec Industries Inc), Employment Agreement (Coltec Industries Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company or Continuing Director as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 3 contracts
Samples: Change in Control Severance Agreement (Apogee Enterprises, Inc.), Change in Control Severance Agreement (Uranerz Energy Corp.), Change in Control Severance Agreement (Apogee Enterprises Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Restore Medical, Inc.), Employment Agreement (Restore Medical, Inc.), Severance Agreement (Otter Tail Power Co)
Modification; Waiver. No provision of this Agreement may be amended, modified, or waived unless such amendment or discharged unless modification, waiver or discharge modification is agreed to in writing and signed by Xxxxxxxxx and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the Employee and such officer of the Company as may party to be specifically designated by its Board of Directorscharged. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, hereto of any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Martha Stewart Living Omnimedia Inc), Services Agreement (Martha Stewart Living Omnimedia Inc), Services Agreement (Martha Stewart Living Omnimedia Inc)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (China Shandong Industries, Inc.), Employment Agreement (China Shandong Industries, Inc.)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee you and such director or officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 2 contracts
Samples: Separation Agreement (Rowan Companies Inc), Separation Agreement (Rowan Companies Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee and such officer by the Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 2 contracts
Samples: Termination Protection Agreement, Termination Protection Agreement (Longview Fibre Co)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Bank and/or the Company as may be specifically designated or authorized by its the Board of DirectorsDirectors or by the Chief Executive Officer. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (BSM Bancorp), Executive Employment Agreement (Pacific Community Banking Group)
Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 2 contracts
Samples: Severance and Retention Agreement (Enstar Inc), Severance Agreement (Enstar Inc)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated authorized by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 2 contracts
Samples: Executive Employment Agreement (Changyou.com LTD), Executive Employment Agreement (Sohu Com Inc)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 2 contracts
Samples: Termination Agreement (Novoste Corp /Fl/), Termination Agreement (Novoste Corp /Fl/)
Modification; Waiver. No provision provisions of this Agreement may be -------------------- modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 2 contracts
Samples: Termination Agreement (Mgi Pharma Inc), Termination Agreement (Mgi Pharma Inc)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 2 contracts
Samples: Employment Agreement (Sohu.com LTD), Employment Agreement (Sohu.com LTD)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated authorized by its the Companyβs Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of or similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. This Agreement may not be amended except by the written agreement of the parties hereto. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by both the Employee Executive and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either party hereto at any time of any breach by the other party of, hereto or compliance with, with any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Satx Inc)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Consultant and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either any party hereto at any time of any breach by the other another party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Consulting and Non Competition Agreement (M&t Bank Corp)
Modification; Waiver. No provision of this Amended Agreement may be -------------------- modified, waived waived, or discharged unless such modification, waiver or discharge is agreed to in writing signed by the Employee and such officer a written resolution by the board of the Company as may be specifically designated by its Board directors of DirectorsEmployer. No waiver by either any party hereto at any time of any breach by the any other party hereof of, or compliance with, failure to comply with any condition or provision of this Amended Agreement to be performed by such other party will party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by Executive and a duly authorized officer of the Company and is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsofficer. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and by such officer director of the Company Bank as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party ofshall not be construed as, or compliance constitute waiver of such provision, or a waiver of any other breach or, or failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 1 contract
Samples: Employment Agreement (Southern Financial Bancorp Inc /Va/)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless modificationsuch waiver, waiver modifications, or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Consultant and such officer of the Company as may be specifically designated by its Board of DirectorsBank. No waiver by either any party hereto at any time of any breach by the other another party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision provisions of this Letter Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by you and the Employee and Chairman of the Board or such officer of the Company as may be specifically designated by its Board of Directorsthe Board. 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 will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company Corporation as may be specifically designated by its Board of Directorsthe Board. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.or
Appears in 1 contract
Modification; Waiver. No provision provisions of this Agreement may be ------------ modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision provisions of this Agreement may be modified, -------------------- waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No Except as otherwise specifically provided in this Agreement, no provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee and such officer of both the Company as may be specifically designated by its Board of Directorsand Employee. No waiver at any time by either party at any time to this Agreement of any breach by the other party hereto of, or compliance failure to comply with, any condition or provision of this Agreement to be performed by such other party will hereof shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent similar time.
Appears in 1 contract
Samples: Severance Agreement (Oakley Inc)
Modification; Waiver. No provision provisions of this Agreement may -------------------- be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing and signed by the Employee Xxxxx and such officer of the Company as may be specifically designated by its Board of Directors. No waiver Waiver by either party at any time Party of a breach of any breach by the other party of, provision does not operate as or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed construed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timebreach.
Appears in 1 contract
Samples: Chief Executive Employment Agreement (Rockdale Resources Corp)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such by an authorized officer of the Company as may be specifically designated Company. Waiver by its Board of Directors. No waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.
Appears in 1 contract
Modification; Waiver. No provision provisions of this Agreement may be modified, -------------------- waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by Executive and the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision of this Agreement may --------------------- be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Executive Employment Agreement (American Mobile Satellite Corp)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Consultant and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Consulting Agreement (Criteo S.A.)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated authorized by its Board of Directorsthe Changyou Board. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Bank and/or the Company as may be specifically designated or authorized by its the Board of DirectorsDirectors or by the Chief Executive Officer. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. 9.
Appears in 1 contract
Samples: Employment Agreement (Pacific Community Banking Group)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any time of any breach by the other party of, or compliance failure to comply with, any condition or provision of this Agreement that is to be satisfied or performed by such the other party will hereto shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Change in Control Severance Agreement (PNC Bank Corp)
Modification; Waiver. No provision of this the Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated authorized by its the Board of Directorsor the Committee. No waiver by either party hereto at any time of any breach by the other party of, or compliance failure to comply with, any condition or provision of this the Agreement that is to be satisfied or performed by such the other party will hereto shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Change in Control Severance Agreement (PNC Financial Services Group Inc)
Modification; Waiver. No provision of this Agreement may be modified, amended, waived or discharged unless such waiver, modification, waiver amendment or discharge is agreed to in writing and signed by the Employee you and such officer a duly authorized representative of the Company as may be specifically designated by its Board of Directorsother than you. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Diversa Corp)
Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.. β
Appears in 1 contract
Samples: Severance Agreement (Maxcyte, Inc.)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee and such officer approved by the Chairman of the Company as may be specifically designated by its Board of Directors, on behalf of the Company. 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Employment Agreement (Precise Software Solutions LTD)
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Employment Agreement (China Polypeptide Group, Inc.)
Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Corporation . 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 will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Otter Tail Corp)