Common use of Modifications and Waivers Clause in Contracts

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 143 contracts

Samples: Employment Agreement (TScan Therapeutics, Inc.), Employment Agreement (TScan Therapeutics, Inc.), Employment Agreement (Flywire Corp)

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Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 107 contracts

Samples: Employment Agreement (Shutterstock, Inc.), Employment Agreement (Granite Point Mortgage Trust Inc.), Employment Agreement (Clover Health Investments, Corp. /De)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 104 contracts

Samples: Employment Agreement (Vanda Pharmaceuticals Inc.), Employment Agreement (Lpath, Inc), Severance Agreement (Selectica Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 66 contracts

Samples: Employment Agreement (Collective Audience, Inc.), Employment Agreement (Sigma Additive Solutions, Inc.), Employment Agreement (Collective Audience, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the ExecutiveExecutive ). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 21 contracts

Samples: Employment Agreement (Clover Health Investments, Corp. /De), Employment Agreement (Clover Health Investments, Corp. /De), Employment Agreement (Clover Health Investments, Corp. /De)

Modifications and Waivers. No provision of this Agreement shall will be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to reflected in a writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 19 contracts

Samples: Employment Agreement (Karat Packaging Inc.), Employment Agreement (Karat Packaging Inc.), Employment Agreement (Karat Packaging Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer member of the Company (other than the Executive)Compensation Committee. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 16 contracts

Samples: Employment Agreement (Twist Bioscience Corp), Employment Agreement (Twist Bioscience Corp), Employment Agreement (Twist Bioscience Corp)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the that modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Company. 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 the that other party shall be considered deemed a waiver of similar or dissimilar provisions or conditions at the time, or at any other condition prior or provision or of the same condition or provision at another subsequent time.

Appears in 15 contracts

Samples: Executive Employment Agreement (Reviv3 Procare Co), Employment Agreement (BK Technologies Corp), Executive Employment Agreement (Reviv3 Procare Co)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived modified or discharged unless the modification, waiver such modification or discharge is authorized by the Board and is agreed to in writing and writing, signed by the Executive and by an authorized officer of the Company (other than duly authorized by the Executive)Board. No waiver by either party hereto of any breach of, or by the other party hereto of compliance with, any condition or provision of this Agreement to be performed by the such other party shall will be considered deemed a waiver of similar or dissimilar provisions or conditions at the time or at any other condition prior or provision or of the same condition or provision at another subsequent time.

Appears in 13 contracts

Samples: Employment Agreement (Nn Inc), Employment Agreement (Interstate Hotels Management Inc), Employment Agreement (Louisiana Pacific Corp)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the that modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the Executive)Company. 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 the that other party shall be considered deemed a waiver of similar or dissimilar provisions or conditions at the time, or at any other condition prior or provision or of the same condition or provision at another subsequent time.

Appears in 13 contracts

Samples: Executive Employment Agreement (SKYX Platforms Corp.), Employment Agreement (Strong Global Entertainment, Inc.), Employment Agreement (FG Group Holdings Inc.)

Modifications and Waivers. No provision provisions of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by an authorized officer the Board of Directors of the Company (other than the Executive)Company. 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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 11 contracts

Samples: Officer Compensation Continuation Agreement (Republic Bancorp Inc /Ky/), Officer Compensation Continuation Agreement (Republic Bancorp Inc /Ky/), Officer Compensation Continuation Agreement (Republic Bancorp Inc /Ky/)

Modifications and Waivers. No term, provision or condition of this Agreement shall may be modified, waived modified or discharged unless the modification, waiver such modification or discharge is authorized by the Board of Directors of the Company and is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Employee. No waiver by either party hereto of any breach of, or of compliance with, any condition or provision of this Agreement by the other party hereto of any term, provision or condition of this Agreement to be performed by such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 10 contracts

Samples: Employment Agreement (Hyde Park Acquisition CORP), Employment Agreement (Hyde Park Acquisition CORP), Employment Agreement (Hyde Park Acquisition CORP)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 10 contracts

Samples: Employment Agreement (Giant Industries Inc), Employment Agreement (Giant Industries Inc), Employment Agreement (Giant Industries Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company Employer (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 9 contracts

Samples: Employment Agreement (Achieve Life Sciences, Inc.), Employment Agreement (Oncogenex Pharmaceuticals, Inc.), Employment Agreement (Oncogenex Pharmaceuticals, Inc.)

Modifications and Waivers. No term, provision or condition of this Agreement shall may be modified, waived modified or discharged unless the modification, waiver such modification or discharge is authorized by the Board and is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party hereto of any breach of, or of compliance with, any condition or provision of this Agreement by the other party hereto of any term, provision or condition of this Agreement to be performed by such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 7 contracts

Samples: Executive Employment Agreement (Langer Biomechanics Group Inc), Executive Employment Agreement (Orthostrategies Acquisition Corp), Executive Employment Agreement (Langer Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Grantee and by an authorized officer of the Company (other than the ExecutiveGrantee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 6 contracts

Samples: Global Restricted Stock Unit Award Agreement (Eventbrite, Inc.), Performance Stock Unit Award Agreement (Eventbrite, Inc.), Performance Stock Unit Award Agreement (Eventbrite, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer or director of the Company (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement (Histogenics Corp), Employment Agreement (Histogenics Corp), Employment Agreement (Histogenics Corp)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement (BRG Acquisition Corp), Employment Agreement (BRG Acquisition Corp), Employment Agreement (BRG Acquisition Corp)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than authorized by the Executive)Company’s Board of Directors. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement, Employment Agreement (Natera, Inc.), Employment Agreement (Natera, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement (Oklo Inc.), Employment Agreement (Oklo Inc.), Employment Agreement (Oklo Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement (Local Bounti Corporation/De), Employment Agreement (Local Bounti Corporation/De), Employment Agreement (Local Bounti Corporation/De)

Modifications and Waivers. No provision of this ------------------------- Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 4 contracts

Samples: Employment Agreement (Iasiaworks Inc), Employment Agreement (Iasia Works Inc), Employment Agreement (Iasiaworks Inc)

Modifications and Waivers. No provision of this Agreement ------------------------- shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 4 contracts

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

Modifications and Waivers. No provision of this Agreement shall ------------------------- be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company Company's Chief Executive Officer (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 4 contracts

Samples: Employment Agreement (Brio Technology Inc), Employment Agreement (Brio Technology Inc), Employment Agreement (Brio Technology Inc)

Modifications and Waivers. No term, provision or condition of this Agreement shall may be modified, waived modified or discharged unless the modification, waiver such modification or discharge is authorized by the Board and is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Consultant. No waiver by either party hereto of any breach of, or of compliance with, any condition or provision of this Agreement by the other party hereto of any term, provision or condition of this Agreement to be performed by such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 4 contracts

Samples: Consulting Agreement (Merica Corp.), Consulting Agreement (Merica Corp.), Consulting Agreement (Merica Corp.)

Modifications and Waivers. No term, provision or condition of this Agreement shall may be modified, waived modified or discharged unless the modification, waiver such modification or discharge is authorized by the Compensation Committee and the Board and is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party hereto of any breach of, or of compliance with, any condition or provision of this Agreement by the other party hereto of any term, provision or condition of this Agreement to be performed by such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 4 contracts

Samples: Employment Agreement (BTRS Holdings Inc.), Employment Agreement (BTRS Holdings Inc.), Employment Agreement (BTRS Holdings Inc.)

Modifications and Waivers. No provision of this Agreement ------------------------- shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (Crossworlds Software Inc), Employment Agreement (Align Technology Inc), Employment Agreement (Crossworlds Software Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). , No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (Monogram Biosciences, Inc.), Employment Agreement (Monogram Biosciences, Inc.), Employment Agreement (Virologic Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer of the Company Employer (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros Holdings Inc)

Modifications and Waivers. No term, provision or condition of this Agreement shall may be modified, waived modified or discharged unless the modification, waiver such modification or discharge is agreed to in writing and signed by the Executive Company and by an authorized officer of the Company (other than the Executive)Employee. No waiver by either party hereto of any breach of, or of compliance with, any condition or provision of this Agreement by the other party hereto of any term, provision or condition of this Agreement to be performed by such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 3 contracts

Samples: Employment Agreement (Best Energy Services, Inc.), Employment Agreement (Best Energy Services, Inc.), Employment Agreement (Best Energy Services, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (or other than person designated by the Executive)Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (Organic to Go Food CORP), Employment Agreement (Organic to Go Food CORP), Employment Agreement (SP Holding CORP)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Executive and by Employee, an authorized officer of the Company (other than the Executive)Company. No waiver by either any party of any breach of, or of compliance with, any condition or provision of this Agreement by the any other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Incentive Agreement (Ask Jeeves Inc), Incentive Agreement (Ask Jeeves Inc)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (Tracker Corp of America), Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the that modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer the President of the Company (other than the Executive)Company. 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 the that other party party, shall be considered deemed a waiver of similar or dissimilar provisions or conditions at the time, or at any other condition prior or provision or of the same condition or provision at another subsequent time.

Appears in 2 contracts

Samples: Executive Employment Agreement (Ballantyne Strong, Inc.), Executive Employment Agreement (Ballantyne Strong, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer representative of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Employment Agreement (Movie Gallery Inc), Employment Agreement (Movie Gallery Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Optionee and by an authorized officer of the Company (other than the ExecutiveOptionee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Share Option Agreement (Pivotal Holdings Corp), Global Stock Option Agreement (Eventbrite, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Consultant and by an authorized officer of the Company (other than the Executive)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Consulting Agreement (Valueclick Inc/Ca), Consulting Agreement (Valueclick Inc/Ca)

Modifications and Waivers. No provision of this Agreement shall may be amended, modified, waived or discharged unless the amendment, modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized Company officer of the Company (other than the Executive). No waiver by either party Executive or the Company of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Employment Agreement (Interpace Biosciences, Inc.), Employment Agreement (Interpace Biosciences, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is approved by the Board and agreed to in writing and signed by the Executive you and by an authorized officer of the Company or Board member (in any case, other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Employment Agreement (Lyft, Inc.), Employment Agreement (Lyft, Inc.)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive you and by an authorized such officer of Heritage as may be specifically designated by the Company (other than the Executive)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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: Separation Agreement (Heritage Property Investment Trust Inc)

Modifications and Waivers. No provision of this Agreement shall may be amended, modified, waived or discharged unless the amendment, modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized Company officer of the Company (other than the Executiveyou). No waiver by either party you or the Company of any breach of, or of compliance with, any condition or provision of this Letter Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Interpace Biosciences, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Uber Technologies, Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, amended, waived or discharged unless the modification, amendment, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Momentus Inc.)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer the President of the Company (other than the Executive)Company. 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 the that other party party, shall be considered deemed a waiver of similar or dissimilar provisions or conditions at the time, or at any other condition prior or provision or of the same condition or provision at another subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (Ballantyne Strong, Inc.)

Modifications and Waivers. No provision of this Agreement agreement shall be modified, waived or discharged unless the parties to this agreement agree to the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)and. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Equipment Rental Agreement

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Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer the Board of the Company (other than the Executive)Directors. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Confirmatory Employment Letter (Anaplan, Inc.)

Modifications and Waivers. No term, provision or condition of this Agreement shall may be modified, waived amended or discharged modified unless the modification, waiver such modification or discharge is authorized by the Company and is agreed to in writing and signed by the Executive you and by an authorized officer of the Company (other than the Executive)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party regarding any term, provision or condition of this Agreement to be performed by such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: International Assignment Agreement (Franklin Resources Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than authorized by the Executive)Company’s Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.. ​ ​

Appears in 1 contract

Samples: Employment Agreement (Natera, Inc.)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the that modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer the Chairman of the Company (other than the Executive)Board. 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 the that other party party, shall be considered deemed a waiver of similar or dissimilar provisions or conditions at the time, or at any other condition prior or provision or of the same condition or provision at another subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (Ballantyne Strong, Inc.)

Modifications and Waivers. No provision of this Employment Agreement ------------------------- shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Company's Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Employment Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Brio Software Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the Executive)Company’s Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Terayon Communication Systems)

Modifications and Waivers. No provision of this Agreement shall may be --- --------------------------- modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is --- agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No provision of this Agreement shall will be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to reflected in a writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Uber Technologies, Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than authorized by the Executive). Company's Board of Directors No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Natera, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the Executive)Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Terayon Communication Systems)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than authorized by the Executive)Company’s Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Natera, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer member of the Company Board of Directors (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Headwaters Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Executive ) . No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Yumanity Therapeutics, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company Company's Chief Executive Officer (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Brio Software Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Company's Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Separation and Release Agreement (Brio Software Inc)

Modifications and Waivers. No provision of this Agreement shall ------------------------- be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Brio Technology Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, of or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Align Technology Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Synchronoss Technologies Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Director and by an authorized officer of the Company (other than the ExecutiveDirector). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Executive Directorship Agreement (Orgenesis Inc.)

Modifications and Waivers. No provision of this Agreement shall ------------------------- be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Iasiaworks Inc)

Modifications and Waivers. No provision of this Agreement letter agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement letter agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Advanced Container Technologies, Inc.)

Modifications and Waivers. No provision of this Agreement shall may be ---- --------------------------- modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is ---- agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No term, provision or condition of this Agreement shall may be modified, waived modified or discharged unless the modification, waiver such modification or discharge is authorized by the Board of Directors of the Company and is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party hereto of any breach of, or of compliance with, any condition or provision of this Agreement by the other party hereto of any term, provision or condition of this Agreement to be performed by such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (Pinpoint Recovery Solutions Corp)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)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 the such other party shall be considered deemed a waiver of any other condition or provision similar or of dissimilar provisions or conditions a the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Contract CTA and by an authorized officer of the Company (other than the ExecutiveContract CTA). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Contract Chief Technical Advisor Agreement (Cloud Security Corp.)

Modifications and Waivers. No provision of this ------------------------- Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Crossworlds Software Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer representative of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.. EMPLOYMENT AGREEMENT - 9

Appears in 1 contract

Samples: Employment Agreement (Movie Gallery Inc)

Modifications and Waivers. No provision of this Agreement shall will be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to reflected in writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision provision, or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Uber Technologies, Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Onyx Software Corp/Wa)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.or

Appears in 1 contract

Samples: Employment Agreement (3dfx Interactive Inc)

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