Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 269 contracts

Samples: Employment Agreement (Global Power Equipment Group Inc.), Employment Agreement (New Home Co Inc.), Employment Agreement (Aprea Therapeutics, Inc.)

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Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 108 contracts

Samples: Senior Management Agreement (Grand Canyon Education, Inc.), Executive Unit Agreement (University General Health System, Inc.), Executive Unit Agreement (University General Health System, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 101 contracts

Samples: Employment Agreement (Da Lite Screen Company Inc), Employment Agreement (Davita Inc), Employment Agreement (Donnelley R R & Sons Co)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 96 contracts

Samples: Employment Agreement (Syniverse Holdings Inc), Employment Agreement (A.K.A. Brands Holding Corp.), Employment Agreement (H-Cyte, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, Executive and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 85 contracts

Samples: Employment Agreement (Realogy Corp), Employment Agreement (Hospitality Distribution Inc), Employment Agreement (EVERTEC, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 72 contracts

Samples: Executive Employment Agreement (Aspen Aerogels Inc), Executive Employment Agreement (Aspen Aerogels Inc), Executive Agreement (Aspen Aerogels Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Holder, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 71 contracts

Samples: Performance Unit Award Agreement (Thermon Holding Corp.), Restricted Stock Unit Award Agreement (Navigant Consulting Inc), Restricted Stock Unit Award Agreement (Membership Collective Group Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 66 contracts

Samples: Employment Agreement (PQ Systems INC), Employment Agreement (Guitar Center Inc), Executive Employment Agreement (Andina Acquisition Corp. III)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * * * *

Appears in 54 contracts

Samples: Employment Agreement (Alliance Laundry Systems LLC), Employment Agreement (Broder Bros Co), Employment Agreement (1 800 Contacts Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.

Appears in 44 contracts

Samples: Employment Agreement (XCel Brands, Inc.), Employment Agreement (XCel Brands, Inc.), Employment Agreement (XCel Brands, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 40 contracts

Samples: Employment Agreement (Mereo Biopharma Group PLC), Change of Control Agreement (Forest City Realty Trust, Inc.), Employment Agreement (Duma Energy Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 39 contracts

Samples: Executive Employment Agreement (Rosetta Stone Inc), Executive Employment Agreement (Rosetta Stone Inc), Executive Employment Agreement (Rosetta Stone Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall is to affect the validity, binding effect or enforceability of this Agreement.

Appears in 37 contracts

Samples: Employment Agreement (BlueLinx Holdings Inc.), Employment Agreement (Aveanna Healthcare Holdings, Inc.), Employment Agreement (BlueLinx Holdings Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Holder, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect effect, or enforceability of this Agreement.

Appears in 35 contracts

Samples: Restricted Stock Unit Award Agreement (Tri Pointe Homes, Inc.), Restricted Stock Unit Award Agreement (Tri Pointe Homes, Inc.), Restricted Stock Unit Award Agreement (TRI Pointe Group, Inc.)

Amendment and Waiver. The provisions of this This Agreement may be amended or waived only in accordance with the prior provisions of the Plan, and may otherwise be amended by written consent of agreement between the Company and Executive, and no the Participant without the consent of any other person. No course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.

Appears in 33 contracts

Samples: Incentive Plan Restricted Stock Award Agreement (Essendant Inc), Cash Incentive Award Agreement (Essendant Inc), Incentive Plan Restricted Stock Unit Award Agreement (United Stationers Inc)

Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 31 contracts

Samples: Employment Agreement (Rentech Inc /Co/), Employment Agreement (Rentech Inc /Co/), Performance Share Award Agreement (Rentech Inc /Co/)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board (or a person expressly authorized thereby) and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 30 contracts

Samples: Employment Agreement (Red Robin Gourmet Burgers Inc), Employment Agreement (Red Robin Gourmet Burgers Inc), Employment Agreement (Red Robin Gourmet Burgers Inc)

Amendment and Waiver. The provisions of this This Agreement may be amended or modified, and the obligations of the Company and the rights of Investor under this Agreement may be waived or terminated, only with upon the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementInvestor.

Appears in 30 contracts

Samples: Convertible Promissory Note Subscription Agreement, Convertible Promissory Note Subscription Agreement, Convertible Promissory Note Subscription Agreement

Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and ExecutiveKey Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 30 contracts

Samples: Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc), Employment Agreement (Myr Group Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Employee and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 28 contracts

Samples: Restricted Unit Agreement (Refco Inc.), Restricted Unit Agreement (Refco Information Services, LLC), Restricted Unit Agreement (Refco Global Capital Management LLC)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 27 contracts

Samples: Employment Agreement (Syncardia Systems Inc), Employment Agreement (Aptargroup Inc), Employment Agreement (Aptargroup Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Executive and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 27 contracts

Samples: Employment Agreement (Covalence Specialty Adhesives LLC), Employment Agreement (Berry Plastics Holding Corp), Employment Agreement (Covalence Specialty Adhesives LLC)

Amendment and Waiver. The provisions Any provision of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 25 contracts

Samples: Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Restricted Shareholder and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 23 contracts

Samples: Restricted Stock Agreement (Simmons Co), Restricted Stock Agreement (Simmons Co), Restricted Stock Agreement (Simmons Co)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company's right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 23 contracts

Samples: Employment Agreement (Cellectar Biosciences, Inc.), Employment Agreement (Cellectar Biosciences, Inc.), Employment Agreement (Cellectar Biosciences, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Companies and Executive, Executive and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 20 contracts

Samples: Employment Agreement (Affinion Group, Inc.), Employment Agreement (Affinion Group, Inc.), Employment Agreement (Affinion Group, Inc.)

Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 20 contracts

Samples: Employment Agreement (Chirex Inc), Employment Agreement (FLD Acquisition Corp), Employment Agreement (Therma Wave Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 18 contracts

Samples: Employment Agreement (Infor, Inc.), Employment Agreement (Infor, Inc.), Employment Agreement (Infor, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 18 contracts

Samples: Employment Agreement (Us LBM Holdings, Inc.), Employment Agreement (Rapid Roaming Co), Employment Agreement (Physicians Formula Holdings, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior by written consent agreement of the Company Employer and ExecutiveEmployee, and no course of conduct or conduct, failure or delay in enforcing the provisions of this Agreement shall affect effect the validity, binding effect or enforceability of this Agreement.

Appears in 18 contracts

Samples: Employment Agreement (PMFG, Inc.), Employment Agreement (Peerless Manufacturing Co), Employment Agreement (PMFG, Inc.)

Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * * * *

Appears in 17 contracts

Samples: South Central (SCP Pool Corp), Employment Agreement (Therma Wave Inc), Employment Agreement (Therma Wave Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Employee and the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 16 contracts

Samples: Employment Agreement (Otelco Inc.), Employment Agreement (Otelco Inc.), Employment Agreement (Otelco Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 15 contracts

Samples: Employment Agreement (Digital Generation, Inc.), Employment Agreement (Digital Generation, Inc.), Employment Agreement (Davita Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 14 contracts

Samples: Executive Employment (Gatos Silver, Inc.), Employment Agreement (SUNSHINE SILVER MINES Corp), Employment Agreement (Sunshine Silver Mining & Refining Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 14 contracts

Samples: Employment Agreement (GeneSYS ID, Inc.), Employment Agreement (Institute for Wealth Holdings, Inc.), Employment Agreement (RX Safes, Inc.)

Amendment and Waiver. The provisions of this Agreement letter agreement may be amended or and waived only with the prior written consent of the Company (with the approval of the Board) and Executiveyou, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall letter agreement will affect the validity, binding effect or enforceability of this Agreementletter agreement or any provision hereof.

Appears in 14 contracts

Samples: Letter Agreement (Tyme Technologies, Inc.), Letter Agreement (Tyme Technologies, Inc.), Letter Agreement (Tyme Technologies, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Chief Executive Officer) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including the Company’s right to terminate the Term of Employment for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 13 contracts

Samples: Employment Agreement (Bluerock Residential Growth REIT, Inc.), Employment Agreement (Bluerock Residential Growth REIT, Inc.), Employment Agreement (Bluerock Residential Growth REIT, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 13 contracts

Samples: Series D Unit Agreement (U.S. Well Services, LLC), Series B Unit Agreement (Nexeo Solutions Holdings, LLC), Series D Unit Agreement (U.S. Well Services, LLC)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement. It is agreed and understood that Employee shall not be entitled to bind the Company in connection with this Agreement or any matter arising hereunder.

Appears in 12 contracts

Samples: Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Aspect Software Group Holdings Ltd.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Consultant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 11 contracts

Samples: Consulting Agreement (Aptargroup Inc), Non Compete Agreement (Gametech International Inc), Consulting Agreement (Allscripts Healthcare Solutions, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, validity binding effect or enforceability of this Agreement.. * * * * *

Appears in 11 contracts

Samples: Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveConsultant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 11 contracts

Samples: Retirement and Consulting Agreement (Brinks Co), Consulting Agreement (Chart Industries Inc), Consulting Agreement (Brinks Co)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Corporation and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (First Community Bancshares Inc /Nv/), Employment Agreement (First Community Bancshares Inc /Nv/), Employment Agreement (BKV Corp)

Amendment and Waiver. The Subject to Section 12(a) hereof, the provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Employee and Executivethe Company, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 10 contracts

Samples: Employment and Non Competition Agreement (PetIQ, Inc.), Employment and Non Competition Agreement (PetIQ, Inc.), Employment and Non Competition Agreement (PetIQ, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company's right to terminate the Employment Period for any reason) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (HealthSpring, Inc.), Employment Agreement (HealthSpring, Inc.), Employment Agreement (HealthSpring, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (Hillman Companies Inc), Employment and Non Competition Agreement (Epiq Systems Inc), Employment Agreement (GT Solar International, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveExecutive by a document that explicitly states its intention to amend this Agreement, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc)

Amendment and Waiver. The provisions of this Agreement may be amended amended, modified or waived only with the prior written consent of the Company and Executivethe Key Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 9 contracts

Samples: Employment Agreement (Myr Group Inc.), Employment Agreement (Myr Group Inc.), Employment Agreement (Myr Group Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board), its successors and assignees, and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability be deemed to be an implied waiver of any provision of this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (First Acceptance Corp /De/), Employment Agreement (First Acceptance Corp /De/), Employment Agreement (Liberte Investors Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period with or without Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Adaptimmune Therapeutics PLC), Employment Agreement (Adaptimmune Therapeutics PLC), Employment Agreement (Adaptimmune Therapeutics PLC)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * *

Appears in 9 contracts

Samples: Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board and ExecutiveOptionholder, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * * * *

Appears in 9 contracts

Samples: Stock Option Agreement (Roaring Fork Holding, Inc.), And Restated Stock Option Agreement (Integral Ad Science Holding LLC), Stock Option Agreement (Juno Topco, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Surgery Partners, Inc.), Employment Agreement (AdTheorent Holding Company, Inc.), Employment Agreement (McAp Acquisition Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Board and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 9 contracts

Samples: Employment Agreement (Trinity Merger Corp.), Employment Agreement (Trinity Merger Corp.), Employment Agreement (Broadmark Realty Capital Inc.)

Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement. * * * * [The remainder of this Page left blank intentionally.]

Appears in 9 contracts

Samples: Anthony Crane (Anthony Crane Rental Holdings Lp), Anthony Crane (Anthony Crane Rental Holdings Lp), Anthony Crane (Anthony Crane Rental Lp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Grantee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 8 contracts

Samples: Restricted Stock Unit Award Agreement (West Corp), Restricted Stock Award Agreement (West Corp), Restricted Stock Unit Award Agreement (West Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Board and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 8 contracts

Samples: Stock Option Agreement (Anvilire), Share Option Agreement (Reign Sapphire Corp), Stock Option Agreement (Anvilire)

Amendment and Waiver. The provisions of this Agreement may be -------------------- amended or waived only with by the prior written consent agreement of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 8 contracts

Samples: Employment Agreement (True North Communications Inc), Employment Agreement (True North Communications Inc), Employment Agreement (Eagle Point Software Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executivethe Executive or pursuant to Section 13, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 8 contracts

Samples: Executive Agreement (Envestnet, Inc.), Executive Agreement (Envestnet, Inc.), Executive Agreement (Envestnet, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and ExecutiveEmployee, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Horsehead Holding Corp), Employment Agreement (Horsehead Holding Corp), Employment Agreement (Horsehead Holding Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Company, the Executive and ExecutiveHolding, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 7 contracts

Samples: Employment Agreement (Wowio, Inc.), Employment Agreement (Wowio, Inc.), Employment Agreement (Wowio, Inc.)

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Amendment and Waiver. 5.1 The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (PET Acquisition LLC), Employment Agreement (Petco Animal Supplies Inc), Employment Agreement (PET Acquisition LLC)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company OUTFRONT and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (OUTFRONT Media Inc.), Employment Agreement (OUTFRONT Media Inc.), Employment Agreement (OUTFRONT Media Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of such provision or any other provision of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Flotek Industries Inc/Cn/), Employment Agreement (Flotek Industries Inc/Cn/), Employment Agreement (Flotek Industries Inc/Cn/)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Optionee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 7 contracts

Samples: Non Qualified Stock Option Agreement (Tactical Solution Partners, Inc.), Stock Option Agreement (CDW Corp), Employment Agreement (Sirius International Insurance Group, Ltd.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Grantee and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 7 contracts

Samples: Restricted Stock Agreement (Refco Inc.), Restricted Unit Agreement (Refco Inc.), Restricted Unit Agreement (Westminster-Refco Management LLC)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 6 contracts

Samples: Based Cash Award Agreement (TRI Pointe Homes, Inc.), Award Agreement (TRI Pointe Group, Inc.), Award Agreement (TRI Pointe Group, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course . No cause of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 6 contracts

Samples: Management Agreement (Vicorp Restaurants Inc), Management Agreement (Vicorp Restaurants Inc), Management Agreement (VI Acquisition Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with by the prior written consent agreement of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect effect, or enforceability of this Agreement.

Appears in 6 contracts

Samples: Performance Based Cash Award Agreement (Tri Pointe Homes, Inc.), Based Cash Award Agreement (Tri Pointe Homes, Inc.), Based Cash Award Agreement (Tri Pointe Homes, Inc.)

Amendment and Waiver. The Except as otherwise set forth herein and in the Plan, the provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executivethe Participant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 6 contracts

Samples: Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 6 contracts

Samples: Transition, Release and Consulting Agreement (Norwegian Cruise Line Holdings Ltd.), Transition, Release and Consulting Agreement (Society Pass Incorporated.), Transition, Release and Consulting Agreement (Malibu Boats, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Board or the Compensation Committee and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 6 contracts

Samples: Employment Agreement (Broadmark Realty Capital Inc.), Employment Agreement (Broadmark Realty Capital Inc.), Employment Agreement (Broadmark Realty Capital Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Company, the Executive and Executivethe Investors, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 6 contracts

Samples: Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. It is agreed and understood that Employee shall not be entitled to bind the Company in connection with this Agreement or any matter arising hereunder. * * * * *

Appears in 6 contracts

Samples: Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Aspect Software Group Holdings Ltd.), Employment Agreement (Aspect Software Group Holdings Ltd.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * * * *

Appears in 6 contracts

Samples: Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the parties’ right to terminate this Agreement and Executive’s employment at will) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board), Parent and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Syniverse Technologies Inc), Employment Agreement (Syniverse Holdings Inc), Employment Agreement (Syniverse Technologies Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executivethe Employee, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.. * * * * *

Appears in 6 contracts

Samples: Employment Agreement (American Surgical Holdings Inc), Employment Agreement (American Surgical Holdings Inc), Employment Agreement (Quanta Inc)

Amendment and Waiver. The provisions of this This Agreement may be amended or waived only with the prior written consent of the Company and Executiveparties, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.

Appears in 6 contracts

Samples: Letter Agreement (Smucker J M Co), Letter Agreement (Smucker J M Co), 35 Agreement This Agreement (Timken Co)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect effort or enforceability of this Agreement.

Appears in 6 contracts

Samples: Executive Employment Agreement (Neuraxis, INC), Executive Employment Agreement (Neuraxis, INC), Executive Employment Agreement (Neuraxis, INC)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent approval of the Company Board and Executiveyou, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 6 contracts

Samples: General Release (Forest City Realty Trust, Inc.), General Release (Forest City Enterprises Inc), General Release (Forest City Realty Trust, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company's right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (GT Solar International, Inc.), Employment Agreement (GT Solar International, Inc.), Employment Agreement (GT Solar International, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Employers and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Employers’ right to terminate the Employment Period with or without Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Donegal Group Inc), Employment Agreement (Donegal Group Inc), Employment Agreement (Donegal Group Inc)

Amendment and Waiver. The Except as otherwise set forth herein and in the Plan, the provisions of this Agreement may be amended or waived only with the prior written consent of the Company and the Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 6 contracts

Samples: Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Company’s right to terminate the Employment Period with or without Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (5.11 Abr Corp.), Employment Agreement (5.11 Abr Corp.), Employment Agreement (Fox Factory Holding Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (with Board approval) and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Rackable Systems, Inc.), Option Agreement (Rackable Systems, Inc.), Employment Agreement (Rackable Systems, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company Company, the Executive and Executive, Parent and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 5 contracts

Samples: Retention Agreement (Platte Chemical Co), Retention Agreement (Platte Chemical Co), Retention Agreement (Platte Chemical Co)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, and no course Employee. No cause of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 5 contracts

Samples: Restricted Stock Purchase Agreement (Avicena Group, Inc.), Restricted Stock Purchase Agreement (Avicena Group, Inc.), Restricted Stock Purchase Agreement (Avicena Group, Inc.)

Amendment and Waiver. The provisions provision of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Carter William Co /Ga/), Employment Agreement (Carters Imagination Inc), Employment Agreement (Carters Imagination Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveEmployee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (NightCulture, Inc.), Employment Agreement (USA Synthetic Fuel Corp), Employment Agreement (Global Energy, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Board) and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Fuelnation Inc), Employment Agreement (Fuelnation Inc), Employment Agreement (Fuelnation Inc)

Amendment and Waiver. The provisions of this Agreement may be amended -------------------- or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Therma Wave Inc), Employment Agreement (E Tek Dynamics Inc), Employment Agreement (Chirex Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executive, the Stockholder and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall be construed as a waiver of such provisions or affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 5 contracts

Samples: Restricted Stock Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company and Executivethe Employee, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this AgreementAgreement or any provision hereof.

Appears in 5 contracts

Samples: Employment Agreement (Cloudary Corp.), Employment Agreement (Shanda Games LTD), Employment Agreement (Ku6 Media Co., LTD)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or course of dealing or failure or delay by any Party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 4 contracts

Samples: Retention Bonus Agreement (Affirmative Insurance Holdings Inc), Retention Bonus Agreement (Martin Midstream Partners L.P.), Retention Bonus Agreement (Alphatec Holdings, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company (as approved by the Chairman of the Board) and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement (including the Company’s right to terminate the Employment Period for Cause) shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 4 contracts

Samples: Executive Employment Agreement (Nuvectra Corp), Executive Employment Agreement (Nuvectra Corp), Executive Employment Agreement (Nuvectra Corp)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.. * * * *

Appears in 4 contracts

Samples: Employment Agreement (1 800 Contacts Inc), Employment Agreement (Office Depot Inc), Employment Agreement (Sovereign Specialty Chemicals Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveConsultant, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall will affect the validity, binding effect or enforceability of this Agreement.

Appears in 4 contracts

Samples: Consulting Agreement (Tredegar Corp), Consulting Agreement (Tredegar Corp), Advisory Board Consulting Agreement (NightCulture, Inc.)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company Employer and Executive, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Charah Solutions, Inc.), Employment Agreement (Charah Solutions, Inc.), Change in Control Agreement (Osca Inc)

Amendment and Waiver. The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and ExecutiveConsultant, and no course of conduct or course of dealing or failure or delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Volcon, Inc.), Consulting Agreement (Bonds.com Group, Inc.), Consulting Agreement (Volcon, Inc.)

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