Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 510 contracts
Samples: Change of Control Severance Agreement (Harmonic Inc), Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 464 contracts
Samples: Change in Control Severance Agreement (Equinix Inc), An Arbitration Agreement (Nextdoor Holdings, Inc.), Form of Severance Agreement (Equinix Inc)
Waiver. No provision of this Agreement shall will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 424 contracts
Samples: Severance Agreement (Comscore, Inc.), Change of Control Agreement (Comscore, Inc.), Change of Control and Severance Agreement (CareDx, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 316 contracts
Samples: Change in Control Agreement (Velo3D, Inc.), Change in Control Agreement (Velo3D, Inc.), Restrictive Covenants Agreement (American Airlines, Inc.)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 175 contracts
Samples: Control Severance Agreement, Retention Agreement, Change of Control Option Acceleration Agreement
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 142 contracts
Samples: Severance Agreement and Change in Control Agreement (Fractyl Health, Inc.), Management Continuity Agreement (Assertio Holdings, Inc.), Management Continuity Agreement (Assertio Holdings, Inc.)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 54 contracts
Samples: Change in Control and Severance Agreement (Performant Financial Corp), Performant Financial (Performant Financial Corp), Corporation Executive Severance and Change in Control Agreement (Emcore Corp)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 46 contracts
Samples: Change of Control and Severance Agreement (Pixelworks, Inc), And Severance Agreement (Pixelworks, Inc), Change of Control and Severance Agreement (Pixelworks, Inc)
Waiver. No provision of this Agreement shall be modified, waived ------ or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 42 contracts
Samples: Change in Control Agreement (Borland Software Corp), Management Retention Agreement (Seagate Technology Holdings), Employment Agreement (Notify Corp)
Waiver. No provision of this Agreement shall will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 38 contracts
Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Gi Dynamics, Inc.), Change of Control and Severance Agreement (Cutera Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company Corporation (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 34 contracts
Samples: Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/)
Waiver. No provision provisions of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 26 contracts
Samples: Control Agreement (Cellectis S.A.), Employment Agreement (Lam Research Corp), Employment Agreement (Lam Research Corp)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 25 contracts
Samples: Control Agreement (Docusign, Inc.), Control Agreement (Docusign, Inc.), Severance and Change in Control Agreement (Docusign, Inc.)
Waiver. No provision of this Agreement shall may be amended, modified, waived or discharged unless the such amendment, modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.
Appears in 24 contracts
Samples: Control Agreement (Cpi Aerostructures Inc), Severance and Change in Control Agreement (Aar Corp), Severance and Change in Control Agreement
Waiver. No provision of this Agreement shall be modified, ------ waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 23 contracts
Samples: Change of Control Agreement (Keravision Inc /Ca/), Employment Agreement (Rational Software Corp), Change of Control Agreement (Keravision Inc /Ca/)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an two authorized officer officers of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 22 contracts
Samples: Management Retention Agreement (Palmsource Inc), Management Retention Agreement (Palmsource Inc), Management Retention Agreement (3com Corp)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 21 contracts
Samples: Executive Agreement (Instructure Holdings, Inc.), Release Agreement (Fibrogen Inc), Release Agreement (Instructure Holdings, Inc.)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 19 contracts
Samples: Retention Incentive Agreement, Severance Agreement (Digirad Corp), Change of Control Agreement (DCB Financial Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 19 contracts
Samples: Executive Employment Agreement (Criteo S.A.), Management Agreement (Criteo S.A.), Management Agreement (Criteo S.A.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer member of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 17 contracts
Samples: Control and Severance Agreement (Maxar Technologies Inc.), Change in Control and Severance Agreement (Corsair Gaming, Inc.), Change in Control and Severance Agreement (4D Molecular Therapeutics Inc.)
Waiver. No provision of this Agreement shall may be modified, waived waived, or discharged unless the such waiver, modification, waiver or discharge is agreed to in a writing and signed by the Employee Executive and by an authorized officer of the Company (other than the Employee)Employer. No waiver by either party hereto 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 such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition time or provision at another any prior or subsequent time.
Appears in 15 contracts
Samples: Employment Agreement (Nextmedia Operating Inc), Employment Agreement (Nextmedia Operating Inc), Employment Agreement (Nextmedia Operating Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer or representative of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at of another time.
Appears in 14 contracts
Samples: Employment Agreement (Calpine Corp), Employment Agreement (Calpine Corp), Employment Agreement (Calpine Corp)
Waiver. No provision of this Agreement shall be modified, waived ------ or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 14 contracts
Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Executive Retention Agreement (Telcom Semiconductor Inc), Employment Severance Agreement (Cost Plus Inc/Ca/)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer the Chief Executive Officer (or the Board, in the case of the Company (other than the EmployeeChief Executive Officer). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 13 contracts
Samples: Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in a writing and signed executed by the Employee and by an authorized officer of the Company (other than the Employee)Company. No waiver by either any party hereto at any time of any breach by another party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.
Appears in 13 contracts
Samples: Employment Agreement (Talk America Holdings Inc), Employment Agreement (Talk Com), Employment Agreement (Talk Com)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by both the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision provision, or of the same condition or provision at another time.
Appears in 10 contracts
Samples: Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.
Appears in 10 contracts
Samples: Employment Agreement (Aar Corp), Employment Agreement (Aar Corp), Employment Agreement (Aar Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Officer and by an authorized officer of the Company (other than the EmployeeOfficer). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 10 contracts
Samples: Change of Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement, Change of Control Severance Agreement (Intraware Inc)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee)Buyer. No waiver by either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall be considered deemed a waiver of any other condition dissimilar provisions or provision or of conditions at the same condition or provision at another any prior subsequent time.
Appears in 9 contracts
Samples: Restrictive Covenant Agreement (Professional Holding Corp.), Restrictive Covenant Agreement (Seacoast Banking Corp of Florida), Restrictive Covenant Agreement (Seacoast Banking Corp of Florida)
Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 8 contracts
Samples: Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 8 contracts
Samples: Release Agreement (Primus Telecommunications Group Inc), Release Agreement (Primus Telecommunications Group Inc), Separation Agreement and Release of Claims (Nanogen Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer the Chief Executive Officer of the Company (other than the Employee)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 8 contracts
Samples: Change in Control and Severance Agreement (Upwork, Inc), Change in Control and Severance Agreement (Upwork Inc.), Change in Control and Severance Agreement (Upwork Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company Corporation (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 8 contracts
Samples: Employment Agreement (Onyx Software Corp/Wa), Employment Agreement (Openwave Systems Inc), Employment Agreement (Fairchild Semiconductor International Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Director and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 8 contracts
Samples: Director Deferred Compensation Agreement (United States Brent Oil Fund, LP), Director Deferred Compensation Agreement (United States 12 Month Oil Fund, LP), Director Deferred Compensation Agreement (United States Heating Oil Fund, LP)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an two authorized officer officers of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 8 contracts
Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.. (c)
Appears in 7 contracts
Samples: Control Agreement, Severance Agreement, Corporation Retention Agreement (Neophotonics Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company Bank (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time. Further, the Bank’s waiver of its right to enforce similar conditions or provisions in another employee’s agreement (employment or other) shall not operate as a waiver of its right to enforce any of the conditions or provisions in this Agreement.
Appears in 7 contracts
Samples: Change in Control Agreement (Hampden Bancorp, Inc.), Change in Control Agreement (Hampden Bancorp, Inc.), Change in Control Agreement (Hampden Bancorp, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer Executive Officer of the Company (other than the Employee)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 7 contracts
Samples: Executive Severance Agreement (Meade Instruments Corp), Executive Severance Agreement (Meade Instruments Corp), Executive Severance Agreement (Meade Instruments Corp)
Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of or any other condition or provision or of the same condition or provision at another time.
Appears in 7 contracts
Samples: Employment Agreement (Aerocentury Corp), Employment Agreement (Aerocentury Corp), Employment Agreement (Aerocentury Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of non-compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 7 contracts
Samples: Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 7 contracts
Samples: Change of Control Severance Agreement (Formfactor Inc), Change of Control and Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Vocera Communications, Inc.)
Waiver. No provision of this Agreement shall will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 7 contracts
Samples: Executive Retention Agreement (Laureate Education, Inc.), Change of Control Agreement (Network Equipment Technologies Inc), Change of Control Agreement (Network Equipment Technologies Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an a duly authorized officer representative of the Company (other than the Employee)Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 7 contracts
Samples: Employment Agreement, Transition Agreement (Pico Holdings Inc /New), Employment Agreement (Pico Holdings Inc /New)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Employee, by an authorized officer of the Parent and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 6 contracts
Samples: Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized director or officer of the Company (other than the EmployeeExecutive). No waiver by either party Party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party Party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 6 contracts
Samples: Employment Agreement (Kubient, Inc.), Employment Agreement (Kubient, Inc.), Employment Agreement (Kubient, Inc.)
Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Employee Officer and by an authorized officer of the Company (other than the EmployeeOfficer). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 6 contracts
Samples: Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 6 contracts
Samples: Change of Control and Severance Agreement (PROCEPT BioRobotics Corp), Change in Control and Severance Agreement (New Relic, Inc.), Change of Control and Severance Agreement (PROCEPT BioRobotics Corp)
Waiver. No provision of this Agreement shall be modified, waived or ------ discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 6 contracts
Samples: Severance Agreement (Phoenix Technologies LTD), Severance Agreement (Phoenix Technologies LTD), Severance Agreement (Phoenix Technologies LTD)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). Employee and the Company agree to work in good faith to consider amendments to this Agreement which are necessary or appropriate to avoid imposition of any additional tax or income recognition under Section 409A prior to the actual payment of amounts to the Employee. The parties agree to cooperate with each other and to take reasonably necessary steps in this regard. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 6 contracts
Samples: Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Director and by an authorized officer of the Company (other than the Employee)Buyer. No waiver by either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall be considered deemed a waiver of any other condition provisions or provision or of conditions at the same condition or provision at another any prior or subsequent time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.)
Waiver. No provision provisions of this Agreement shall agreement can be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Xxxxxx and the Employee and by an authorized officer of the Company (other than the Employee)Corporation. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 6 contracts
Samples: Consulting Agreement (Unit Corp), Consulting Agreement (Unit Corp), Consulting Agreement (Unit Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by bye the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Form of Management Continuity Agreement (Laserscope), Management Continuity Agreement (Laserscope), Management Continuity Agreement (Laserscope)
Waiver. No provision of this Agreement shall may be modified, waived or ------ discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Control Severance Agreement (E Stamp Corp), Control Severance Agreement (Lynuxworks Inc), Control Severance Agreement (E Stamp Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Director and by an authorized officer of the Company Corporation (other than the EmployeeDirector). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Change of Control Agreement (Quantum Corp /De/), Director Change of Control Agreement (Quantum Corp /De/), Director Change of Control Agreement (Quantum Corp /De/)
Waiver. No provision of this Agreement shall be modified, waived or discharged (including without limitation the notice periods set out in Section 8) unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Contractor and by an authorized officer of the Company (other than the EmployeeContractor). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Executive Compensation Agreement (Gryphon Gold Corp), Executive Compensation Agreement (Gryphon Gold Corp), Executive Compensation Agreement (Gryphon Gold Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Change of Control Severance Agreement (Genesis Microchip Inc /De), Change of Control Severance Agreement (Genesis Microchip Inc /De), Change of Control Severance Agreement (Genesis Microchip Inc /De)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an two authorized officer officers of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Employment Agreement, Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No Except as provided herein, no waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.)
Waiver. No provision of this Agreement shall be modified, ------ waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Employment Agreement (Lam Research Corp), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than Executive) or member of the Employee)Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 5 contracts
Samples: Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc)
Waiver. No provision of this Agreement shall be modified, waived or ------ discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Employment Agreement (Notify Corp), Severance Agreement (Software Com Inc), Control Severance Agreement (Catalytica Energy Systems Inc)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee)President. No waiver by either party of any breach of, or of compliance with, with any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Employment Agreement (Apropos Technology Inc), Employment Agreement (Apropos Technology Inc), Employment Agreement (Apropos Technology Inc)
Waiver. No provision of this Agreement shall may be modified, ------ waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Control Severance Agreement (E Stamp Corp), Control Severance Agreement (E Stamp Corp), Control Severance Agreement (E Stamp Corp)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Employee, the Parent and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.
Appears in 4 contracts
Samples: Employment Agreement (WhiteSmoke, Inc.), Employment Agreement (WhiteSmoke, Inc.), Employment Agreement (WhiteSmoke, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company Bank (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Change in Control Agreement (San Joaquin Bancorp), Change in Control Agreement (San Joaquin Bancorp), Change in Control Agreement (San Joaquin Bancorp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Optionee and by an authorized officer of the Company (other than the EmployeeOptionee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Acceleration Agreement (Ess Technology Inc), Acceleration Agreement (Ess Technology Inc), Acceleration Agreement (PDF Solutions Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged discharge unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Severance Agreement (Essential Therapeutics Inc), Severance Agreement (Essential Therapeutics Inc), Severance Agreement (Essential Therapeutics Inc)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, such waiver modification or discharge is agreed to in writing and signed by the Employee and such Officer as may be authorized by an authorized officer of the Company (other than the Employee)Board. No waiver by either party thereto at any time of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered deemed a waiver of any other condition or to the subsequent enforcement of each term and provision or of the same condition or provision at another timethis Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Saba Petroleum Co), Employment Agreement (Saba Petroleum Co), Employment Agreement (Saba Petroleum Co)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer the Company with the approval of the Company (other than the Employee)Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Executive Employment Agreement (Skillsoft Corp.), Executive Employment Agreement (Skillsoft Corp.), Executive Employment Agreement (Churchill Capital Corp II)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this his Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Employment Agreement (Avant Corp), Employment Agreement (Avant Corp), Employment Agreement (Avant Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged dis- charged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer member of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: 4d Molecular (4D Molecular Therapeutics, Inc.), Control and Severance Agreement (4D Molecular Therapeutics, Inc.), Control and Severance Agreement (4D Molecular Therapeutics, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an two authorized officer officers of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Employment Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Covered Person and by an authorized officer of the Company (other than the EmployeeCovered Person). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Employee Retention and Motivation Agreement (Progress Software Corp /Ma), Employee Retention and Motivation Agreement (Digital River Inc /De), Employee Retention and Motivation Agreement (Progress Software Corp /Ma)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party Party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party Party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Employment Agreement (Spruce Biosciences, Inc.), Employment Agreement (Viavi Solutions Inc.), Employment Agreement (WES Consulting, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Employment Agreement (Corvus Pharmaceuticals, Inc.), Control Severance Agreement (Ardelyx, Inc.), Change in Control Severance Agreement (Ardelyx, Inc.)
Waiver. No provision of this Agreement shall be amended, modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Executive Retention Agreement (Kinetic Concepts Inc), Executive Retention Agreement (Kinetic Concepts Inc /Tx/), Executive Retention Agreement (Kinetic Concepts Inc /Tx/)
Waiver. No provision of this Agreement shall be ------ modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Change of Control Agreement (Connect Inc), Management Retention Agreement (Seagate Technology Holdings), Change of Control Agreement (Rita Medical Systems Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee)party hereto adversely affected thereby. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 4 contracts
Samples: Retention Agreement (Netratings Inc), Retention Agreement (Netratings Inc), Amended and Restated Retention Agreement (Netratings Inc)
Waiver. No provision provisions of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Chairman and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Chairman’s Agreement (Lam Research Corp), Chairman’s Agreement (Lam Research Corp), Chairman’s Agreement (Lam Research Corp)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to of this Agreement will be effective unless in writing and signed by the Employee Executive and by an authorized officer the Board of Directors of the Company (other than the Employee)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or a waiver of the same condition or provision at another time.
Appears in 3 contracts
Samples: Executive Employment Agreement (Legion M Entertainment, Inc.), Executive Employment Agreement (Legion M Entertainment, Inc.), Executive Employment Agreement (Legion M Entertainment, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company Corporation (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Employment Agreement (Levi Strauss & Co), Employment Agreement (Levi Strauss & Co), Employment Agreement (Levi Strauss & Co)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Change of Control Agreement (ShoreTel Inc), Change of Control Agreement (ShoreTel Inc), Change of Control Agreement (ShoreTel Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party Party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party Party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Management Retention Agreement (Heron Therapeutics, Inc. /De/), Management Retention Agreement (Heron Therapeutics, Inc. /De/), Employment Agreement (MxEnergy Holdings Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer office of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Change of Control Agreement (Pro Dex Inc), Change of Control Agreement (Pro Dex Inc), Change of Control Agreement (Pro Dex Inc)
Waiver. No provision of this Agreement shall be modified, waived ------ or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer or a director of the Company (other than authorized by the Employee)Board of Directors. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Employment Agreement (Ia Corp), Employment Agreement (Access Health Inc), Employment Agreement (Diva Systems Corp)
Waiver. No provision provisions of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in a writing and signed by the Employee and by an authorized officer the Company, provided, however, the Employee shall not be required to execute as a condition of continued employment any additional agreement or any agreement which modifies or replaces this Agreement during the Company (other than the Employee)Benefit Period. No waiver Waiver by either any party of any breach of, of or of compliance with, failure to comply with any condition or provision of this Agreement by the other party shall not be considered construed as, or constitute, a continuing waiver of such provision, or a waiver of any other condition breach of, or failure to comply with, any other provision or of the same condition or provision at another timethis Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Mascotech Inc), President's Agreement (Mascotech Inc), Management Agreement (Mascotech Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing writing, specifying such modification, waiver or discharge, and signed by the Employee Seller and by an authorized officer of the Company (other than the Employee)Purchaser. No waiver by either any party of any breach of, or of compliance with, any condition or provision of this Agreement by the other another party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Newgistics, Inc), Acquisition Agreement (Newgistics, Inc)
Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer or representative of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another a preceding or subsequent time.
Appears in 3 contracts
Samples: Employment Agreement (Hybridon Inc), Employment Agreement (Hybridon Inc), Employment Agreement (Hybridon Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.this
Appears in 3 contracts
Samples: Change in Control and Severance Agreement (Adverum Biotechnologies, Inc.), Executive Severance Agreement (Enphase Energy, Inc.), Executive Severance Agreement (Enphase Energy, Inc.)
Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, waiver or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Change of Control Agreement (Remec Inc), Change of Control Agreement (Remec Inc), Change of Control and Transition Agreement (Remec Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Employment Agreement (Infospace Inc), Nonqualified Stock Option Letter Agreement (Infospace Inc), Employment Agreement (Infospace Inc)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing writing, specifying such modification, waiver or discharge, and signed by the Employee Inducer and by an authorized officer of the Company Acquiror (other than the EmployeeInducer). No waiver by either any party of any breach of, or of compliance with, any condition or provision of this Agreement by the other another party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Non Competition Purchase Agreement, Non Competition Agreement, Non Competition and Non Solicitation Agreement (CreditCards.com, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged dis- charged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Change of Control Severance Agreement (Codexis, Inc.), Change in Control and Severance Agreement (Mereo Biopharma Group PLC), Change in Control Severance Agreement (Ardelyx, Inc.)
Waiver. No provision provisions of this Agreement shall may be modified, waived or discharged unless the such modification, waiver or discharge is agreed to in writing and signed by the Employee and such officer as may be specifically designated by an authorized officer of the Company (other than the Employee)Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.
Appears in 3 contracts
Samples: Severance Agreement (Southcross Energy Partners, L.P.), Severance Agreement (Southcross Energy Partners, L.P.), Severance Agreement (Southcross Energy Partners, L.P.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Consultant and by an authorized officer of the Company (other than the Employee)Company. No waiver by either party of or any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Consulting Agreement Amendment (Hipcricket, Inc.), Consulting Agreement (Augme Technologies, Inc.), Consulting Agreement (Augme Technologies, Inc.)
Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed approved by the Employee and by an authorized officer of the Company (other than the Employee)Board . No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
Appears in 3 contracts
Samples: Change in Control and Severance Agreement (Upwork Inc.), Change in Control and Severance Agreement (Upwork Inc.), Change in Control and Severance Agreement (Upwork Inc.)
