Common use of AMENDMENT AND NONWAIVER Clause in Contracts

AMENDMENT AND NONWAIVER. This NDIA Agreement may only be amended or modified by a written instrument executed by both Company and Executive. The failure by Company to enforce any provision of this NDIA Agreement will not be deemed a waiver of such provision or of Company’s right to enforce each and every provision of this NDIA Agreement, or agreements signed by other employees. Any such failure will not operate or be construed as a waiver of any subsequent breach by Executive.