Waiver and Acknowledgement Sample Contracts

WAIVER AND ACKNOWLEDGEMENT
Waiver and Acknowledgement • June 22nd, 2010 • Med BioGene Inc. • Services-medical laboratories
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WAIVER AND ACKNOWLEDGEMENT
Waiver and Acknowledgement • October 17th, 2013 • ESH Hospitality LLC • Hotels & motels

Reference is made herein to that certain employment agreement entered into on July 7, 2011 by and between you and HVM L.L.C (the “Company”), and amended on January 31, 2012 (as amended, the “Employment Agreement”). Capitalized terms used herein and not otherwise defined shall have the respective meaning ascribed to them in the Employment Agreement. On August 28, 2013, the Company received a notice (a “Notice”) from each of ESA Canada Operating Lessee Inc., ESA P Portfolio Operating Lessee Inc., and ESA 2007 Operating Lessee Inc. (each, a “Lessee”) of the Lessee’s desire to terminate its respective management agreement with the Company (each, a “Management Agreement”) effective on or after October 28, 2013. Section 4.D.(iii) of the Employment Agreement provides that you would have Good Reason to terminate your employment with the Company when notice has been provided to the Company that any Management Agreement to which it is a party is terminated.

WAIVER AND ACKNOWLEDGEMENT March 30, 2007
Waiver and Acknowledgement • April 5th, 2007 • Alteon Inc /De • Pharmaceutical preparations

Reference is made to the sale and issuance by Alteon Inc., a Delaware corporation (the “Company”), of its convertible promissory notes and warrants pursuant to the transactions contemplated by (i) that certain Convertible Note and Warrant Purchase Agreement dated January 11, 2007, by and among the Company and the lenders named therein (the “Lenders”) (the “Purchase Agreement”), (ii) those certain convertible promissory notes, each dated January 11, 2007, in an aggregate principal amount of $3,000,000 issued to the Purchasers (the “Promissory Notes”), (iii) those certain warrants to purchase shares of the Company’s common stock, $0.01 par value per share (“Common Stock”), dated January 11, 2007, issued to the Purchasers (the “Warrants”), (iv) that certain Security & Guaranty Agreement by and among the Company, HaptoGuard, Inc., a wholly owned subsidiary of the Company (“HaptoGuard”), and Baker Bros. Advisors, LLC, as collateral agent, dated January 11, 2007 (the “Security and Agreement”

WAIVER AND ACKNOWLEDGEMENT
Waiver and Acknowledgement • November 19th, 2008 • Juma Technology Corp. • Telephone communications (no radiotelephone)

THIS WAIVER AND ACKNOWLEDGEMENT is entered into as of November 13, 2008 and is made by and between Juma Technology Corp., a Delaware corporation (the “Issuer”), Vision Opportunity Master Fund, Ltd. (“VOMF”) and Vision Capital Advantage Fund, L.P. (“VCAF,” and together with VOMF, the “Holders”).

WAIVER AND ACKNOWLEDGEMENT
Waiver and Acknowledgement • October 22nd, 2013 • ESH Hospitality LLC • Hotels & motels

Reference is made herein to that certain employment agreement (the “Employment Agreement”) entered into on August 24, 2011 by and between you and HVM L.L.C (the “Company”). Capitalized terms used herein and not otherwise defined shall have the respective meaning ascribed to them in the Employment Agreement. On August 28, 2013, the Company received a notice (a “Notice”) from each of ESA Canada Operating Lessee Inc., ESA P Portfolio Operating Lessee Inc., and ESA 2007 Operating Lessee Inc. (each, a “Lessee”) of the Lessee’s desire to terminate its respective management agreement with the Company (each, a “Management Agreement”) effective on or after October 28, 2013. Section 4.D.(iii) of the Employment Agreement provides that you would have Good Reason to terminate your employment with the Company when notice has been provided to the Company that any Management Agreement to which it is a party is terminated.

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