Common use of Waiver; Modification Clause in Contracts

Waiver; Modification. No provisions of this Agreement may be waived, modified or discharged unless such waiver, modification or discharge is agreed to in a writing signed by Executive and Franklin. 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 the other party 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 14 contracts

Samples: Employment Security Agreement (Franklin Electric Co Inc), Employment Security Agreement (Franklin Electric Co Inc), Employment Security Agreement (Franklin Electric Co Inc)

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Waiver; Modification. No provisions provision of this Agreement may be modified, waived, modified or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and Franklina duly authorized officer of the Company. No waiver by either party Party hereto at any time of any breach by the other party Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by the such other party Party 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 14 contracts

Samples: Executive Employment Agreement (Ispire Technology Inc.), Executive Employment Agreement (Ispire Technology Inc.), Executive Employment Agreement (Kaival Brands Innovations Group, Inc.)

Waiver; Modification. No provisions provision of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and Franklinthe Company. 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 the such other party shall be deemed a waiver of or similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 8 contracts

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

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

Appears in 7 contracts

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

Waiver; Modification. No provisions provision of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is approved by the Board of Directors and agreed to in a writing signed by Executive and Franklinsuch officer as may be specifically authorized by the Board of Directors. 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 the such other party 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: Executive Employment Agreement (Accident Prevention Plus Inc), Executive Employment Agreement (Accident Prevention Plus Inc), Executive Employment Agreement (Accident Prevention Plus Inc)

Waiver; Modification. No provisions provision of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and Franklina duly authorized officer of the Company. No waiver by either party Party hereto at any time of any breach by the other party Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by the such other party Party 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: Executive Employment Agreement (Innovative Eyewear Inc), Executive Employment Agreement (Epien Medical, Inc.), Executive Employment Agreement (Epien Medical, Inc.)

Waiver; Modification. No provisions provision of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by Executive and Franklina duly authorized representative of each of the parties hereto. 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 the such other party 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: Asset Purchase Agreement (Hyde Athletic Industries Inc), Asset Purchase Agreement (Williams J B Holdings Inc), Asset Purchase Agreement (Sl Industries Inc)

Waiver; Modification. No provisions provision of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing that expressly references this Agreement and is signed by the Executive and Franklinthe Company. No The waiver by either party at any time of any breach by the other party ofparty, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall not be deemed a waiver of similar or dissimilar the same provisions or conditions at the same time any other time, nor shall it be deemed a waiver of any other provisions or conditions at any prior or subsequent time.

Appears in 4 contracts

Samples: Agreement (Trenwick Group Inc), Agreement (Trenwick Group Inc), And Restated Agreement (Trenwick Group LTD)

Waiver; Modification. No provisions provision of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and Franklina duly authorized officer of the Sponsor. No waiver by either party Party hereto at any time of any breach by the other party Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by the such other party Party 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 3 contracts

Samples: Executive Employment Agreement (Sagaliam Acquisition Corp), Executive Employment Agreement (Sagaliam Acquisition Corp), Executive Employment Agreement (Sagaliam Acquisition Corp)

Waiver; Modification. No provisions of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and Franklinthe Company or such officer as may be specifically designated by the Board. No waiver by either party Party hereto at any time of any breach by the other party Party of, or compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions of this Agreement at the same time or at any prior or subsequent time.

Appears in 3 contracts

Samples: Employment Agreement (Rhythms Net Connections Inc), Employment Agreement (Rhythms Net Connections Inc), Executive Employment Agreement (Rhythms Net Connections Inc)

Waiver; Modification. No provisions provision of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing that expressly states that it is such a waiver, modification or discharge and signed by the Executive and Franklinthe Company. 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 the such other party shall be deemed a waiver of or similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 2 contracts

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

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

Appears in 1 contract

Samples: Change in Control Agreement (Genelabs Technologies Inc /Ca)

Waiver; Modification. No provisions provision of this Agreement may be waivedamended, modified modified, waived or discharged unless such amendment, waiver, modification or discharge is agreed to in a writing and signed by Executive and Franklineach of the parties hereto or a duly authorized representative thereto. No waiver by either party Party hereto at any time of any breach by the any other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by the such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Certification Mark License Agreement

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

Appears in 1 contract

Samples: Executive Severance Agreement (Sandisk Corp)

Waiver; Modification. No provisions of this Agreement may be waived, modified modified, or discharged unless such waiver, modification modification, or discharge is agreed to in a writing signed by Executive and Franklinthe Parties. No waiver by either party Party at any time of any breach by the other party Party of, or compliance with, any condition or provision of this Agreement to be performed by the other party Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time. 18.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (Luxfer Holdings PLC)

Waiver; Modification. No provisions of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by Executive the Employee and Franklinthe Company or such officer as may be specifically designated by the Board. No waiver by either party Party hereto at any time of any breach by the other party Party of, or compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions of this Agreement at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Rhythms Net Connections Inc)

Waiver; Modification. No provisions of this Agreement may be waivedmodified, modified waived or discharged unless such waiver, modification or discharge is agreed to in a writing signed by Executive Shareholder and FranklinBankPlus. 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 the such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time. Any waiver or modification of any term of this Agreement shall be effective only if it is signed in writing by both parties.

Appears in 1 contract

Samples: Restrictive Covenant Agreement (Bancplus Corp)

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