Common use of Amendment and Termination Clause in Contracts

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 324 contracts

Samples: Indemnification Agreement (Camber Energy, Inc.), Indemnification Agreement (BCD Semiconductor Manufacturing LTD), Indemnification Agreement (Utstarcom Holdings Corp)

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Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 251 contracts

Samples: Indemnification Agreement (Juniper Networks Inc), Indemnification Agreement (Party City Corp), Indemnification Agreement (ReachLocal Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 90 contracts

Samples: Indemnification Agreement (Cheniere Energy, Inc.), Indemnification Agreement (GigaCloud Technology Inc), Indemnity Agreement (PROS Holdings, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both all the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 87 contracts

Samples: Director Indemnification Agreement (Univar Inc.), Indemnification Agreement (Marika Inc.), Director Indemnification Agreement (AXA Equitable Holdings, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 71 contracts

Samples: Board of Directors Agreement (La Rosa Holdings Corp.), Board of Directors Agreement (La Rosa Holdings Corp.), Indemnification Agreement (Alibris Inc)

Amendment and Termination. No amendment, modification, termination or ------------------------- cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 46 contracts

Samples: Xenogen Corporation Indemnification Agreement (Xenogen Corp), Indemnification Agreement (Symphonix Devices Inc), Indemnification Agreement (Microtune Inc)

Amendment and Termination. No amendment, modification, termination or ------------------------- cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 25 contracts

Samples: Indemnification Agreement (Sound Source Interactive Inc /De/), Indemnification Agreement (Crossworlds Software Inc), Indemnification Agreement (Sound Source Interactive Inc /De/)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in a writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 22 contracts

Samples: Indemnification Agreement (Texas Pacific Land Corp), Indemnification Agreement (Tempest Therapeutics, Inc.), Indemnification Agreement (Aprea Therapeutics, Inc.)

Amendment and Termination. Due to the uncertain application of any statutes of limitations that may govern any Claim, this Agreement shall be of indefinite duration. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 20 contracts

Samples: Indemnification Agreement (Interpace Diagnostics Group, Inc.), Indemnification Agreement (Chay Enterprises, Inc.), Indemnification Agreement (Jayhawk Energy, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 13 contracts

Samples: Indemnification Agreement (CPI Card Group Inc.), Form of Indemnification Agreement (Innerworkings Inc), Indemnification Agreement (Superior Industries International Inc)

Amendment and Termination. No Except as provided in Section 21, no amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Samples: Series D Preferred Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.), Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD)

Amendment and Termination. No amendment, modification, termination termination, waiver, or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Samples: Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in a writing signed by both the parties to be bound thereby. Notice of the same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 11 contracts

Samples: Form of Indemnification Agreement (Dolan Media CO), Indemnification Agreement (Diamond Resorts International, Inc.), Form of Indemnification Agreement (Information Services Group Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Samples: Form of Indemnification Agreement (Rubicon Technology, Inc.), Form of Indemnification Agreement (Rubicon Technology, Inc.), Indemnification Agreement (Coleman Cable, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to, or shall constitute a waiver of of, any other provisions hereof (whether or not similar) similar thereto), nor shall such waiver constitute a continuing waiver. Except as specifically set forth herein, no failure to exercise, or any delay in exercising, any right or remedy hereunder shall constitute a waiver thereof.

Appears in 9 contracts

Samples: Employment Agreement (Premier Holding Corp.), Indemnification Agreement (Talk America Holdings Inc), Indemnification Agreement (Tel Save Com Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in a writing signed by both the parties party to be bound thereby. Notice of same shall be provided to the other party hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (IO Biotech, Inc.), Indemnification Agreement (Outset Medical, Inc.), Indemnification Agreement (AmeriHome, Inc.)

Amendment and Termination. No amendment, modification, waiver or termination or cancellation of this Agreement shall will be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed to be or shall will constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall will such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Shanda Games Limited (Shanda Games LTD), Form of Indemnification Agreement (Sogou Inc.), Form of Indemnification Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

Amendment and Termination. No amendment, modification, ------------------------- termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (Kintana Inc), Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Ise Labs Inc)

Amendment and Termination. No amendment, modification, ------------------------- termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (Neomagic Corp), Indemnification Agreement (Ticketmaster Online Citysearch Inc), Indemnification Agreement (Citysearch Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be is effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall may be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall may such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Autobytel Inc), Indemnification Agreement (Autobytel Inc), Indemnification Agreement (Autobytel Inc)

Amendment and Termination. No amendment, modification, termination termination, waiver or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (China Rapid Finance LTD), Indemnification Agreement (Aruba Networks, Inc.), Indemnification Agreement (Aruba Networks, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both all the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Cambridge Display Technology, Inc.), Indemnification Agreement (Cambridge Display Technology, Inc.), Indemnification Agreement (Graphic Packaging Holding Co)

Amendment and Termination. No amendment, modification, supplement, termination or cancellation of this Agreement shall be effective unless it is in writing and signed by both the parties each party hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Cymer Inc), Indemnification Agreement (Tapimmune Inc.), Indemnification Agreement (Wall Street Media Co, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (ICO Global Communications (Holdings) LTD), Indemnification Agreement (Clearwire Corp /DE), Indemnification Agreement (Pendrell Corp)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing and signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnification Agreement for World (World Health Alternatives Inc), Indemnification Agreement for World (World Health Alternatives Inc), Indemnification Agreement (Shanda Interactive Entertainment LTD)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective with respect to any Indemnitee unless it is in writing signed by both such Indemnitee and the parties heretoCompany. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnification Agreement (Patient Safety Technologies, Inc), Indemnification Agreement (Protalex Inc), Indemnification Agreement (Protalex Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver, except as specifically provided herein.

Appears in 4 contracts

Samples: Indemnification Agreement (Advanced Analogic Technologies Inc), Indemnification Agreement (Ziprealty Inc), Indemnification Agreement (Xenogen Corp)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnification Agreement (Bimini Capital Management, Inc.), Indemnification Agreement (Ultimate Electronics Inc), Indemnification Agreement (Cooperative Holdings Inc)

Amendment and Termination. No supplement, amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnification Agreement (Zapata Corp), Indemnification Agreement, Indemnification Agreement

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Notwithstanding the foregoing, the Company may amend this Agreement without the consent of the Indemnitee solely to add additional Indemnitees hereunder.

Appears in 4 contracts

Samples: Indemnification Agreement (Aclaris Therapeutics, Inc.), Indemnification Agreement (Aclaris Therapeutics, Inc.), Indemnification Agreement (Skyterra Communications Inc)

Amendment and Termination. No amendment, modification, ------------------------- termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (Clearcommerce Corp), Indemnification Agreement (Vidamed Inc), Indemnification Agreement (Illumina Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it such amendment, modification, termination or cancellation is in writing and signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Crossroads Systems Inc), Securities Purchase Agreement, Indemnity Agreement (Crossroads Systems Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties heretoCompany and the Director, whereupon all Indemnitees shall be bound. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Director Indemnification Agreement (Mobile Global Esports, Inc.), Director Indemnification Agreement (Gamer Pakistan Inc), Director Indemnification Agreement (Innovate Biopharmaceuticals, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties heretoCompany and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (Combinatorx, Inc), Indemnification Agreement (U.S. Auto Parts Network, Inc.), Indemnification Agreement (U.S. Auto Parts Network, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Notwithstanding the foregoing, the Company may amend this Agreement without the consent of the Indemnitees solely to add additional Indemnitees hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (Marinus Pharmaceuticals Inc), Indemnification Agreement (Marinus Pharmaceuticals Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both all the parties hereto. No waiver of any either of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Director Indemnification Agreement (US Foods Holding Corp.), Form of Director Indemnification Agreement (Us LBM Holdings, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it It is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (InMode Ltd.), Indemnification Agreement (InMode Ltd.)

Amendment and Termination. No amendment, modification, termination or Or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Innovative Card Technologies Inc), Indemnification Agreement (Innovative Card Technologies Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Infiniti Solutions LTD), Indemnification Agreement (Infiniti Solutions LTD)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. The failure of either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Indemnification Agreement (Cytokinetics Inc), Indemnification Agreement (Cytokinetics Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnity Agreement (Exar Corp), Indemnity Agreement (Exar Corp)

Amendment and Termination. No amendment, modification, termination or ------------------------- cancellation of this Agreement shall will be effective unless it is in writing signed by both the parties heretoparties. No waiver of any of the provisions of this Agreement shall will be deemed to be or shall will constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such will any waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Objective Systems Integrators Inc), Indemnification Agreement (Objective Systems Integrators Inc)

Amendment and Termination. No amendment, modification, termination termination, ------------------------- or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (CSG Systems International Inc), Indemnification Agreement (CSG Systems International Inc)

Amendment and Termination. No amendment, modification, termination ------------------------- or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Driveway Corp), Indemnification Agreement (Intervideo Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No repeal or modification of this Agreement shall in any way diminish or adversely affect the rights of any director of the Company hereunder in respect of any occurrence or matter arising prior to any such repeal or modification.

Appears in 2 contracts

Samples: Indemnification Agreement (Levi Strauss & Co), Director Indemnification Agreement (Levi Strauss & Co)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver wavier constitute a continuing waiver.

Appears in 2 contracts

Samples: Directorship Indemnification Agreement (Quotesmith Com Inc), Indemnification Agreement (Digitalwork Com Inc)

Amendment and Termination. No amendment, modification, ------------------------- termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Metasolv Software Inc), Indemnification Agreement (Exodus Communications Inc)

Amendment and Termination. No amendment, modification, termination or -------------------------- cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Tut Systems Inc), Indemnification Agreement (Tut Systems Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties heretoCompany and the Director or Officer, whereupon all Indemnitees (including any that are third party beneficiaries hereunder) shall be bound. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (U.S. Auto Parts Network, Inc.), Indemnification Agreement (U.S. Auto Parts Network, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation termination, cancellation, waiver of any provision, of this Agreement shall be effective unless it is in a writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (OneSpan Inc.), Indemnification Agreement (Vasco Data Security International Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties heretoParties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Aci Worldwide, Inc.), Indemnification Agreement (Transaction Systems Architects Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Verso Corp), Indemnification Agreement (Solvis Group, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing and is signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 2 contracts

Samples: Indemnification Agreement (Portal Software Inc), Indemnification Agreement (Portal Software Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing and signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Zynex Inc), Englobal Corporation Indemnification Agreement (Englobal Corp)

Amendment and Termination. No Except as provided in Section 22, no amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Fund and Director Indemnification Agreement (Baozun Cayman Inc.), Fund and Director Indemnification Agreement (Baozun Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing a writing, signed and mutually agreed upon by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Texas Pacific Land Trust)

Amendment and Termination. No amendment, modification, ------------------------- termination or cancellation of this Agreement shall will be effective unless it is set forth in a writing signed by both an authorized representative of the parties heretoparty against which enforcement of such amendment is sought. No waiver of any of the provisions provision of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether provision of this Agreement or not similar) nor shall such any subsequent waiver constitute a continuing waiverof the same provision.

Appears in 1 contract

Samples: Contribution Agreement (Valley Media Inc)

Amendment and Termination. No Subject to Section 17, no amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Pinnacle Systems Inc)

Amendment and Termination. No Other than as provided herein, no amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto, provided that any amendment to this Agreement must be made in compliance with the SEHK Listing Rules. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Semiconductor Manufacturing International Corp)

Amendment and Termination. No amendment, modification, termination termination, or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (CSG Systems International Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.shall

Appears in 1 contract

Samples: Indemnification Agreement (Resourcephoenix Com Inc)

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Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Hi/Fn Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in a writing signed by both the parties to be bound thereby. Notice of same shall be provided to the other party hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Pultegroup Inc/Mi/)

Amendment and Termination. No amendment, modification, termination ------------------------- or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (American Ecology Corp)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. By execution of this Agreement, the Prior Agreement is amended and restated in its entirety.

Appears in 1 contract

Samples: Indemnification Agreement (Apollo Endosurgery, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Maker Communications Inc)

Amendment and Termination. No waiver, amendment, modification, ------------------------- termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Andromedia Inc)

Amendment and Termination. No amendment, modification, termination termination, or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties heretoCompany and Indemitee. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (CSG Systems International Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in a writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.. 19.10

Appears in 1 contract

Samples: Consulting Services Agreement (Tupperware Brands Corp)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice shall be provided to all Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Intelligentias, Inc.)

Amendment and Termination. No amendment, modification, termination amendment or cancellation modification of this Agreement shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Exclusive Endorsement Agreement (Ultimate Electronics Inc)

Amendment and Termination. No amendment, modification, termination -------------------------- or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Nava Leisure Usa Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. 21.

Appears in 1 contract

Samples: Multimedia Corporation Indemnification Agreement (Sanctuary Woods Multimedia Corp)

Amendment and Termination. No amendment, modification, termination or ------------------------- cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Rainmaker Systems Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Sybase Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. 19.

Appears in 1 contract

Samples: Board of Directors Agreement (Apollo Medical Holdings, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Plantronics Inc /Ca/)

Amendment and Termination. No amendment, modification, ------------------------ termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Releasenow Com Corp)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties heretoto be bound thereby. Any waiver of the provisions hereunder shall be effective only if in writing and signed by the party against whom such waiver to be charged. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Basil Street Cafe, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver except to the extent expressly provided for therein.

Appears in 1 contract

Samples: Shareholders Agreement (LDK Solar Co., Ltd.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Nci Building Systems Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both all the parties hereto. No waiver of any of the provisions of this Agreement shall be effective unless executed in writing by the party sought to be bound, and no such waiver shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Startek, Inc.)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties Indemnification Agreement – November 7, 2013 hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Geeknet, Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such a waiver with respect to a particular Claim constitute a continuing waiverwaiver applicable to any other Claim.

Appears in 1 contract

Samples: Indemnification Agreement (Martek Biosciences Corp)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be effective unless it is signed in writing by the party against whom such waiver is sought to be enforced, nor shall any such waiver be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Medtronic PLC)

Amendment and Termination. No supplement, amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Clarient, Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement Amendment shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement Amendment shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Ultimate Electronics Inc)

Amendment and Termination. No amendment, modification, termination or cancellation to/of this Agreement shall be effective unless it is in writing signed by both all the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (LianBio)

Amendment and Termination. No Other than as provided herein, no amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Semiconductor Manufacturing International Corp)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.a

Appears in 1 contract

Samples: Indemnification Agreement (Seranova Inc)

Amendment and Termination. No amendment, modification, termination or ------------------------- cancellation of this Agreement shall be effective unless it is in writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Modem Media Poppe Tyson Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. 20.

Appears in 1 contract

Samples: Network Services Indemnification Agreement (International Network Services)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwavier.

Appears in 1 contract

Samples: Indemnification Agreement (Valley Media Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver wavier of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Family Home Health Services, Inc.)

Amendment and Termination. No Except as provided in Section 20, no amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Redgate Media Group)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver water of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Form of Indeminifcation Agreement (BioNeutral Group, Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.. IBG Indemnification Agreement 11

Appears in 1 contract

Samples: Indemnification Agreement (Independent Bank Group Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically set forth herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 1 contract

Samples: Indemnification Agreement (Tel Save Holdings Inc)

Amendment and Termination. No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties to be bound thereby. Notice of same shall be provided to all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indeminifcation Agreement (BioNeutral Group, Inc)

Amendment and Termination. No amendment, modification, termination ------------------------- or cancellation of this Agreement shall be effective unless it is in writing signed by both the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Sonicwall Inc)

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