Common use of Amendment and Termination; Waiver Clause in Contracts

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 10, this Agreement may be modified or amended only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws or changes to Applicable Laws (including but not limited to Code Section 409A and federal securities laws). The waiver by the Corporation of a breach of any provision of this Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 6 contracts

Samples: Nonqualified Stock Option Agreement (Pokertek, Inc.), Nonqualified Stock Option Agreement (Pokertek, Inc.), Nonqualified Stock Option Agreement (Pokertek, Inc.)

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Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 10, this Agreement may be modified or amended amended, altered, suspended and/or terminated only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws or changes to Applicable Laws (including but not limited to Code Section 409A and federal securities laws). The waiver by the Corporation of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 4 contracts

Samples: Stock Option Agreement (Charles & Colvard LTD), Stock Option Agreement (Charles & Colvard LTD), Stock Option Agreement (Charles & Colvard LTD)

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 10, this Agreement may be modified or amended amended, altered, suspended and/or terminated only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator Committee shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws or changes to Applicable Laws (including but not limited to Code Section 409A and federal securities laws). The waiver by the Corporation Company of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (Charles & Colvard LTD), Nonqualified Stock Option Agreement (Charles & Colvard LTD), Agreement (Charles & Colvard LTD)

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 1012, this Agreement may be modified amended, altered, suspended or amended terminated only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws or changes to Applicable Laws (including but not in no way limited to Code Section 409A and federal securities laws). The waiver by the Corporation of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Charles & Colvard LTD), Stock Award Agreement (Charles & Colvard LTD)

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 1012, this Agreement may be modified or amended only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws or changes to Applicable Laws (including but not limited to Code Section 409A and federal securities laws). The waiver by the Corporation of a breach of any provision of this Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Pokertek, Inc.), Restricted Stock Award Agreement (Pokertek Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 10Agreement, this Agreement may be modified or amended only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws applicable laws, rules and regulations or changes to Applicable Laws applicable laws, rules and regulations (including but not in no way limited to Code Section 409A and federal securities laws). The waiver by the Corporation of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Rf Micro Devices Inc), Restricted Stock Unit Agreement (Rf Micro Devices Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 1012, this Agreement may be modified or amended only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws or changes to Applicable Laws (including but not limited to Code Section 409A and Code Section 422 and federal securities laws). The waiver by the Corporation of a breach of any provision of this Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 2 contracts

Samples: Employee Incentive Stock Option Agreement (Pokertek, Inc.), Stock Incentive Plan (Pokertek Inc)

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Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 10Agreement, this Agreement may be modified or amended only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws applicable laws, rules and regulations or changes to Applicable Laws applicable laws, rules and regulations (including but not in no way limited to Code Section 409A and federal securities laws). The waiver by the Corporation Company of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Rf Micro Devices Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 10Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws Law or changes to Applicable Laws Law (including but not limited to federal securities laws and Code Section 409A and federal securities laws409A). The waiver by the Corporation of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Targacept Inc)

Amendment and Termination; Waiver. Subject to the terms of the Plan Plan, the LTIP, and this Section 10, this Agreement may be modified or amended amended, altered, suspended and/or terminated only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws or changes to Applicable Laws (including but not limited to Code Section 409A and federal securities laws). The waiver by the Corporation of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 1 contract

Samples: Stock Option Agreement (Charles & Colvard LTD)

Amendment and Termination; Waiver. Subject to the terms of the Plan and this Section 10Plan, this Agreement may be modified or amended only by the written agreement of the parties hereto. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with Applicable Laws applicable laws, rules or regulations or changes to Applicable Laws applicable laws, rules or regulations (including but not in no way limited to Code Section 409A and federal securities laws). The waiver by the Corporation of a breach of any provision of this the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant.

Appears in 1 contract

Samples: Stock Option Agreement (Rf Micro Devices Inc)

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