Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth.
Appears in 29 contracts
Samples: Termination and Release Agreement (City Office REIT, Inc.), Termination and Release Agreement (City Office REIT, Inc.), Employment Agreement (Ultrastrip Systems Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any modification or waiver or modification shall be offered or received in as evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and writing, duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 22 contracts
Samples: Director Service Agreement, Director Service Agreement (Tombstone Exploration Corp), Director Service Agreement (Tekoil & Gas Corp)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any modification or waiver or modification shall be offered or received in as evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and writing, duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth.
Appears in 6 contracts
Samples: Employment Agreement (Tombstone Exploration Corp), Employment Agreement (Willow Creek Enterprises Inc.), Employment Agreement (Ethos Environmental, Inc.)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any modification or waiver or modification shall be offered or received in as evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and writing, duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth.
Appears in 5 contracts
Samples: Employment Agreement (Clarion Technologies Inc/De/), Employment Agreement (First Deltavision Inc), Employment Agreement (First Deltavision Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions provision of this Section paragraph may not be waived except as herein set forth.
Appears in 5 contracts
Samples: Subscription Agreement (Magnetic Light Profits LTD), Subscription Agreement (Leisure Ventures Pte LTD), Subscription Agreement (Planet Hollywood International Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any modification or waiver or modification shall be offered or received in as evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and writing, duly executed as aforesaid. The provisions of this Section Paragraph may not be waived except as herein set forth.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Americabilia Com Inc), Employment Agreement (Optimumcare Corp /De/), Employment Agreement (Optimumcare Corp /De/)
Waiver or Modification. No waiver or modification of this Agreement agreement or of any covenant, condition condition, or limitation herein contained in this agreement shall be valid unless in writing and duly executed by the party to be charged therewithwith the same. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration arbitration, or litigation between the parties arising out of or affecting this Agreementagreement, or the rights or obligations of any party hereunderunder this agreement, unless such waiver or modification is in writing and duly executed as aforesaidexecuted. The provisions of this Section paragraph may not be waived except as herein set forthforth in this paragraph.
Appears in 3 contracts
Samples: Employment Agreement (Gabriel Technologies Corp), Employment Agreement (Gabriel Technologies Corp), Employment Agreement (First American Capital Corp /Ks)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration arbitration, or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 3 contracts
Samples: Nonqualified Stock Option Agreement (Datamax International Corp), Incentive Stock Option Agreement (Datamax International Corp), Incentive Stock Option Agreement (Datamax International Corp)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 3 contracts
Samples: Employment Agreement (Tropical Sportswear International Corp), Employment Agreement (Tropical Sportswear International Corp), Employment Agreement (Tropical Sportswear International Corp)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any modification or waiver or modification shall be offered or received in as evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and writing, duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 2 contracts
Samples: Purchase Option Agreement, Share Subscription & Redemption Agreement (Chromatics Color Sciences International Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration arbitration, or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section section may not be waived except as herein set forth.
Appears in 2 contracts
Samples: Master Software Development Agreement, Production Share Agreement (Fiberstars Inc /Ca/)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section 14 may not be waived except as herein set forth.
Appears in 2 contracts
Samples: Employment Agreement (Triquint Semiconductor Inc), Employment Agreement (Triquint Semiconductor Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, provision, or limitation herein contained shall be valid unless made in writing and duly executed by the party to be charged therewithboth parties. Furthermore, no evidence of any modification or waiver or modification shall be offered or received in as evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunderhere under, unless such waiver or modification is in writing and writing, duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 2 contracts
Samples: Venue Rental Agreement, Venue Rental Agreement
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceedingproceeding arbitration, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions provision of this Section paragraph may not be waived except as herein set forth.
Appears in 1 contract
Samples: Software License and Distribution Agreement (Paysys International Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any modification or waiver or modification shall be offered or received in as evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and writing, duly executed as aforesaid. The provisions of this Section section may not be waived except as herein set forth.
Appears in 1 contract
Samples: Employment Agreement (Clarion Technologies Inc/De/)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth.no
Appears in 1 contract
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth.
Appears in 1 contract
Waiver or Modification. No waiver or modification of this Agreement or of ----------------------- any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth.
Appears in 1 contract
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 1 contract
Samples: Contingent Proceeds Participation Agreement (Super Vision International Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification modifications is in writing and duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth.
Appears in 1 contract
Samples: Employment Agreement (Medical Industries of America Inc)
Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section 16.9 may not be waived except as herein set forth.
Appears in 1 contract
Waiver or Modification. No waiver or modification of this Agreement Guarantee or ---------------------- of any covenant, condition condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Guarantee or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 1 contract
Waiver or Modification. No waiver or modification of this -------------------------- Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties arising out of or affecting this Agreement, Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section paragraph may not be waived except as herein set forth.
Appears in 1 contract
Samples: Employment Agreement (Tropical Sportswear International Corp)
