Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by 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 will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 77 contracts
Samples: Change in Control and Severance Agreement (Netgear, Inc.), Change in Control and Severance Agreement (Enliven Therapeutics, Inc.), Change in Control and Severance Agreement (Enliven Therapeutics, Inc.)
Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by 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 will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 54 contracts
Samples: Change in Control Agreement (Athira Pharma, Inc.), Change in Control and Severance Agreement (Athira Pharma, Inc.), Change in Control and Severance Agreement (RenovoRx, Inc.)
Waiver; Amendment. No provision of this the Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by the Executive. No waiver by either party of any breach of, or of compliance with, any condition or provision of this the Agreement by the other party will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 23 contracts
Samples: Change of Control and Severance Agreement (Block, Inc.), Change in Control and Severance Agreement – Cfo (Anaplan, Inc.), Change of Control and Severance Agreement (Talend S.A.)
Waiver; Amendment. No provision of this Agreement will be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by 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 will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 20 contracts
Samples: Change in Control and Severance Agreement (Udemy, Inc.), Release Agreement (GoDaddy Inc.), Change in Control and Severance Agreement (Vizio Holding Corp.)
Waiver; Amendment. No provision or obligation of this Agreement will may be modified, waived or discharged unless the modification, such waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by the Executive. No The waiver by either any party hereto of a breach of or noncompliance with any breach of, or of compliance with, any condition or provision of this Agreement by the other party will shall not operate or be considered construed as a continuing waiver or a waiver of any other condition or provision subsequent breach or of noncompliance hereunder. Except as expressly provided otherwise herein, this Agreement may be amended, modified, or supplemented only by a written agreement executed by the same condition or provision at another timeCompany and the Executive.
Appears in 11 contracts
Samples: Employment Agreement (National Bank of Indianapolis Corp), Employment Agreement (National Bank of Indianapolis Corp), Severance Agreement (Old National Bancorp /In/)
Waiver; Amendment. No provision of this Agreement will shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Employee and by an authorized officer of the Company (other than the Executive) and by 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 will 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: Change in Control and Severance Agreement (XPO, Inc.), Change in Control and Severance Agreement (XPO, Inc.), Change in Control and Severance Agreement (XPO, Inc.)
Waiver; Amendment. No provision of this Agreement will 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 an authorized executive officer of the Company (other than the Executive) and specifically designated by the ExecutiveBoard. No waiver by either party 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 such other party will shall be considered deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other condition prior or provision subsequent time. This Agreement may be amended or canceled only by mutual agreement of the same condition or provision at another timeparties in writing.
Appears in 5 contracts
Samples: Sb Financial (Sb Financial Group, Inc.), Supplemental Executive Retirement Plan Agreement (Sb Financial Group, Inc.), Retirement Plan Agreement (Sb Financial Group, Inc.)
Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (( other than the Executive) and by 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 will 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: Change in Control and Severance Agreement (Silk Road Medical Inc), Change in Control and Severance Agreement (Silk Road Medical Inc), Change in Control and Severance Agreement (Silk Road Medical Inc)
Waiver; Amendment. No With the exception of any modifications pursuant to Section 5(d), no provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by 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 will 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: Change in Control and Retention Agreement (Vacasa, Inc.), Change in Control and Retention Agreement (Vacasa, Inc.), And Retention Agreement (Vacasa, Inc.)
Waiver; Amendment. No provision of this Agreement will may be modified, waived or discharged unless the such modification, waiver or discharge is agreed to in writing and signed by an authorized officer Executive and the Board or its delegate. The failure of the Company (or Executive to insist upon strict compliance with the terms of this Agreement or the failure of the Company or Executive to assert any right the Company or Executive may have hereunder shall not be deemed a waiver of such provision or right or any other than the Executive) and by 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 will be considered a waiver of any other condition or provision or of the same condition or provision at another timeAgreement.
Appears in 3 contracts
Samples: Form Employment Agreement (CASI Pharmaceuticals Holdings, Inc.), Employment Agreement (CASI Pharmaceuticals, Inc.), Employment Agreement (CASI Pharmaceuticals, Inc.)
Waiver; Amendment. No provision of this Agreement will be amended, modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Executive and by an authorized officer of the Company (other than the Executive) and by 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 will 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: Release Agreement (Gartner Inc), Release Agreement (Gartner Inc), Release Agreement (Gartner Inc)
Waiver; Amendment. No provision of this Agreement will be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by the Executive. No waiver by either party the Company or the Executive of any breach of, or of compliance with, any condition or provision of this Agreement by the other party will 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 (Thorne Healthtech, Inc.), Employment Agreement (Thorne Healthtech, Inc.)
Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company or the Employer (other than the Executive) and by 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 will be considered a waiver of any other condition or provision or of the same condition or provision at another time.. FORM
Appears in 2 contracts
Samples: Change in Control and Severance Agreement (QuantumScape Corp), Change in Control and Severance Agreement (QuantumScape Corp)
Waiver; Amendment. No provision of this Agreement will may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by an authorized officer Employee and the Chief Executive Officer of the Company (other than the Executive) and by the ExecutiveIFG. 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 will shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition time or provision at another any prior or subsequent time.
Appears in 1 contract
Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an - 9 - authorized officer of the Company (other than the Executive) and by 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 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: Control and Severance Agreement (Silk Road Medical Inc)
Waiver; Amendment. No provision or obligation of this Agreement will may be modified, waived or discharged unless the modification, such waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by the Executive. No The waiver by either any party hereto of a breach of or noncompliance with any breach of, or of compliance with, any condition or provision of this Agreement by the other party will shall not operate or be considered construed as a continuing waiver or a waiver of any other condition or provision subsequent breach or of noncompliance hereunder. This Agreement may be amended, modified or supplemented only by a written agreement executed by the same condition or provision at another timeCompany and the Executive.
Appears in 1 contract
Samples: Release and Separation Agreement (Old National Bancorp /In/)
Waiver; Amendment. No provision of this Agreement will may be modified, amended, waived or discharged unless the modification, amendment, waiver or discharge is agreed to in writing and signed by Employee and by an authorized officer of the Company (other than the Executive) and by 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 will 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 (Tvia Inc)
Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Executive and by an authorized officer of the Company (other than the Executive) and by 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 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: Change of Control Severance Agreement (NetApp, Inc.)
Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by 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 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: Change in Control and Severance Agreement (Silk Road Medical Inc)
Waiver; Amendment. No provision of this Agreement will may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by an the Executive and a duly authorized officer of the Company (other than the Executive) and by the ExecutiveCompany. 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 will 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
Waiver; Amendment. No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by an authorized officer of the Company (other than the Executive) and by the ExecutiveExecutive (except as provided in Section 5.4.3). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party 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: Change in Control and Severance Agreement (HashiCorp, Inc.)
Waiver; Amendment. No provision of this Agreement will be amended, modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Executive and by an authorized officer of the Company (other than the Executive) and by 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 will be considered a waiver of any other condition or provision or of the same condition or provision at another time.. (e)
Appears in 1 contract
Samples: Employment Agreement (Gartner Inc)
Waiver; Amendment. No provision of this Agreement will may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by Executive and an authorized executive officer of the Company (other than the Executive) and specifically designated by the Executiveboard of directors of RFC. No waiver by either party 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 such other party will 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 time.any prior or subsequent
Appears in 1 contract
Samples: Supplemental Executive Retirement Plan Agreement (Rurban Financial Corp)