Common use of Waivers and Modifications Clause in Contracts

Waivers and Modifications. This Agreement may be modified, and the rights and remedies of any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought.

Appears in 3 contracts

Samples: Employment Agreement (Castle Dental Centers Inc), Employment Agreement (Castle Dental Centers Inc), Employment Agreement (Castle Dental Centers Inc)

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Waivers and Modifications. This Agreement may be modified, and the rights ------------------------- rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver9. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of the President then in office at the time of such modification or waiver.

Appears in 3 contracts

Samples: Employment Agreement (Sequoia Software Corp), Employment Agreement (Sequoia Software Corp), Employment Agreement (Sequoia Software Corp)

Waivers and Modifications. This Agreement only may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver. No waiver by either one party to this Agreement of any breach by the other or party hereto of any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of the Board of Directors at the time of such modification or waiver.

Appears in 2 contracts

Samples: Employment Agreement (Iona Technologies PLC), Employment Agreement (Iona Technologies PLC)

Waivers and Modifications. This Agreement may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver9. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of the Board of Directors then in office at the time of such modification or waiver.

Appears in 2 contracts

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

Waivers and Modifications. This Agreement may be modified, and the rights and remedies of any provision hereof may be waived, only in accordance with this Section 109. No modification or waiver by the Company shall be effective without the written consent of at least a majority of Employee, on the Compensation Committee of one hand, and the Board of Directors then in office at CEO on the time of such modification or waiverother hand. No waiver by either party of any breach by the other or party of any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets Noncompetition Agreement set forth all of the terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought.

Appears in 2 contracts

Samples: Employment Agreement (Transcode Therapeutics, Inc.), Employment Agreement (Transcode Therapeutics, Inc.)

Waivers and Modifications. This Agreement may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver8. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of the Board of Directors then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Employment Agreement (Datawatch Corp)

Waivers and Modifications. This Agreement may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver9. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. Until the time the Executive is reporting to the Chief Executive Officer, no modification or waiver by the Company shall be effective without the consent of the Board of Directors then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Employment Agreement (Insulet Corp)

Waivers and Modifications. This Agreement may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver9. No waiver by either party of off any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of the Board of Directors then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Employment Agreement (Insulet Corp)

Waivers and Modifications. This Agreement may be modified, and the rights -------------------------- rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver12. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by LearningStar shall be effective without the consent of at least a majority of the members of the Board of Directors (excluding Xxxxx) then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Retention Agreement (Learningstar Inc)

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Waivers and Modifications. This Agreement may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver13. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall become effective without the consent of the Board then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Employment Agreement (Tel Instrument Electronics Corp)

Waivers and Modifications. This Agreement may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, waived only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver11. No waiver by either party of or any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of at least a majority of the members of the Board of Directors then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Employment Agreement (Software Developers Co Inc/De/)

Waivers and Modifications. This Agreement may be modified, and the rights ------------------------- rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 10. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver12. No waiver by either party of any breach by the other or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by LearningStar shall be effective without the consent of at least a majority of the members of the Board of Directors (excluding Xxxxx) then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Retention Agreement (Learningstar Corp)

Waivers and Modifications. This Agreement only may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 1011. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver. No waiver by either party of any breach by the other Employee or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of the Chief Executive Officer then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Employment Agreement (Presstek Inc /De/)

Waivers and Modifications. This Agreement only may be modified, and the rights rights, remedies and remedies of obligations contained in any provision hereof may be waived, only in accordance with this Section 1012. No modification or waiver by the Company shall be effective without the consent of at least a majority of the Compensation Committee of the Board of Directors then in office at the time of such modification or waiver. No waiver by either party of any breach by the other Employee or any provision hereof shall be deemed to be a waiver of any later or other breach thereof or as a waiver of any other provision of this Agreement. This Agreement supersedes all prior agreements between the Executive and the Company and sets forth all the its terms of the understandings between the parties with reference to the subject matter set forth herein and may not be waived, changed, discharged or terminated orally or by any course of dealing between the parties, but only by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought. No modification or waiver by the Company shall be effective without the consent of the Chief Executive Officer then in office at the time of such modification or waiver.

Appears in 1 contract

Samples: Employment Agreement (Presstek Inc /De/)

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