No Deemed Waivers. No failure by the Company to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof will constitute a waiver of any such breach or any other covenant, duty, agreement or condition. No waiver of any of provision of this Agreement will be deemed to occur, or to constitute a waiver of any other provision of this Agreement, or to constitute a continuing waiver, unless that waiver is in a writing signed by the party against whom the waiver is asserted.
Appears in 8 contracts
Samples: Restricted Stock Agreement (Zix Corp), Restricted Stock Agreement (Zix Corp), Restricted Stock Unit Agreement (Zix Corp)
No Deemed Waivers. No failure by the Company any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement Option or to exercise any right or remedy consequent upon a breach thereof will constitute a waiver of any such breach or any other covenant, duty, agreement or condition. No waiver of any of provision of this Agreement Option will be deemed to occur, or to constitute a waiver of any other provision of this AgreementOption, or to constitute a continuing waiver, unless that waiver is in a writing signed by the party against whom the waiver is asserted.
Appears in 3 contracts
Samples: Employee Stock Option Agreement (Zix Corp), Outside Director Stock Option Agreement (Zix Corp), Employee Stock Option Agreement (Zix Corp)
No Deemed Waivers. No failure by the Company to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof will constitute a waiver of any such breach or any other covenant, duty, agreement or condition. No waiver of any of provision of this Agreement will be deemed to occur, or to constitute a waiver of any other provision of this Agreement, or to constitute a continuing waiver, unless that waiver is in a writing signed by the party against whom the waiver is asserted.
Appears in 1 contract
Samples: Non Employee Director Deferred Stock Unit Agreement (Zix Corp)
