Common use of Waiver and Modification Clause in Contracts

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided that any such waiver, alteration or modification is consented to on the Company’s behalf by the Board of Directors. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 8 contracts

Samples: Change in Control Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp)

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Waiver and Modification. Any waiver, alteration alteration, or modification of any of the terms of this Agreement shall will be valid only if made in writing and signed by the parties hereto; provided that any such waiver, alteration or modification is consented to on the Company’s behalf by the Board of Directorsthis Agreement. No waiver by either of the parties hereto of their its rights hereunder shall under this Agreement will be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such the waiver specifically states that it is to be construed as a continuing waiver.

Appears in 7 contracts

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

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided provided, however, that any such waiver, alteration or modification is consented to on the Company’s 's behalf by a member of the Board of DirectorsDirectors other than the Employee. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or o transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 6 contracts

Samples: Employment Agreement (Digital Descriptor Systems Inc), Employment Agreement (Digital Descriptor Systems Inc), Employment Agreement (Digital Descriptor Systems Inc)

Waiver and Modification. Any waiver, alteration altercation, or modification of any of the terms of this Agreement shall will be valid only if made in writing and signed by the parties hereto; provided that any such waiver, alteration or modification is consented to on the Company’s behalf by the Board of Directorsthis Agreement. No waiver by either of the parties hereto of their its rights hereunder shall under this Agreement will be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such the waiver specifically states that it is to be construed as a continuing waiver.

Appears in 3 contracts

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

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided provided, however, that any such waiver, alteration or modification is consented to on the Company’s Acquirer's behalf by a member of the Board of DirectorsDirectors other than the Employee. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or o transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 3 contracts

Samples: Employment Agreement (Smokers Lozenge Inc), Asset Purchase Agreement (Smokers Lozenge Inc), Employment Agreement (Smokers Lozenge Inc)

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided that any such waiver, alteration or modification is consented to on the Company’s 's behalf by the Board of Directors. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 3 contracts

Samples: Employment Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp)

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided that that, any such waiver, alteration or modification is consented to on the Company’s 's and PARC's behalf by the Board their respective Boards of Directors. No waiver by either any of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 2 contracts

Samples: Employment Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp)

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Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided provided, that any such waiver, -------- alteration or modification is on behalf of the Company must be consented to on the Company’s behalf by the its Board of Directors. No waiver by either any of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 1 contract

Samples: Non Competition Agreement (Collins & Aikman Floor Coverings Inc)

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided provided, however, that any such waiver, alteration or modification is consented to on the Company’s 's behalf by a member of the Board of DirectorsDirectors other than the Consultant. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Stimsonite Corp)

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided provided, that any such waiver, alteration or modification is consented to on the Company’s behalf by an authorized officer of the Board of DirectorsCompany. No waiver by either any of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 1 contract

Samples: Release and Settlement Agreement (Asset Acceptance Capital Corp)

Waiver and Modification. Any waiver, alteration or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by the parties hereto; provided provided, that any such waiver, alteration or -------- modification is consented to on the Company’s ' behalf by the Board of Directors. No waiver by either any of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Appears in 1 contract

Samples: Non Competition Agreement (Red Robin Gourmet Burgers Inc)

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