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Common use of Modifications and Amendments Clause in Contracts

Modifications and Amendments. The terms and provisions of this Agreement may be modified or amended only by written agreement executed by the Company and the Executive. The Company and the Executive agree that they will jointly execute an amendment to modify this Agreement to the extent necessary to comply with or be exempt from the requirements of Code Section 409A, or any successor statute, regulation and guidance thereto; provided that no such amendment shall increase the total financial obligation of the Company under this Agreement.

Appears in 35 contracts

Samples: Change in Control Severance Agreement (ImmunoGen, Inc.), Change in Control Severance Agreement (ImmunoGen, Inc.), Change in Control Severance Agreement (ImmunoGen, Inc.)

Modifications and Amendments. The terms and provisions of this Agreement may be modified or amended only by written agreement executed by the Company and the Executive. The Company and the Executive agree that they will jointly execute an amendment to modify this Agreement to the extent necessary to comply with or be exempt from the requirements of Code Section 409A, or any successor statute, regulation and guidance thereto; provided that no such amendment shall increase the total financial obligation of the Company under this Agreement.

Appears in 25 contracts

Samples: Severance Agreement (Immunogen Inc), Severance Agreement (Immunogen Inc), Severance Agreement (Immunogen Inc)

Modifications and Amendments. The terms and provisions of this Agreement may be modified or amended only by written agreement executed by the Company and the Executiveparties hereto. The Company and the Executive agree that they will negotiate in good faith and jointly execute an amendment to modify this Agreement to the extent necessary to comply with or be exempt from the requirements of Code Section 409A, or any successor statute, regulation and guidance thereto; provided that , provided, however, no such amendment shall will increase the total financial obligation obligations of the Company under this Agreementto Executive.

Appears in 3 contracts

Samples: Employment Agreement (Sulphco Inc), Employment Agreement (Sulphco Inc), Employment Agreement (Sulphco Inc)

Modifications and Amendments. The terms and provisions of this This Agreement may be modified or amended only by written agreement executed by the Company and the Executive. The Company and the Executive agree that they will jointly execute an amendment to modify this Agreement to the extent necessary to comply with or be exempt from the requirements of Code Section 409A, or any successor statute, regulation and guidance thereto; provided that no such amendment shall increase the total financial obligation of the Company under this Agreement.

Appears in 2 contracts

Samples: Change in Control Agreement (Rand Capital Corp), Change in Control Agreement (Rand Capital Corp)

Modifications and Amendments. The terms and provisions of this Agreement may be modified or amended only by written agreement executed by the parties hereto. Notwithstanding the foregoing, the Company and the Executive. The Company and the Executive you agree that they will to jointly execute an amendment to modify this Agreement to the extent necessary to comply with or be exempt from the requirements of Code Section 409A, or any successor statute, regulation and guidance thereto; provided that no such amendment shall increase the total financial obligation of the Company under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Osi Pharmaceuticals Inc), Employment Agreement (Osi Pharmaceuticals Inc)

Modifications and Amendments. The terms and provisions of this Agreement may be modified or amended only by written agreement executed by the Company and the Executive. The Company and the Executive agree that they will jointly execute an amendment to modify this Agreement to the extent necessary to comply with or be exempt from the requirements of Code Section 409A, or any successor statute, regulation and guidance thereto; provided that no such amendment shall increase the total financial obligation of the Company under this Agreement.no

Appears in 1 contract

Samples: Change in Control Severance Agreement (Immunogen Inc)