Common use of Amendment; Modification Clause in Contracts

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee acknowledges that the Plan may be amended or discontinued in accordance with the provisions thereof and that this Agreement may be amended or canceled by the Administrator, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the Employee’s rights under this Agreement without the Employee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 11 contracts

Samples: Performance Ltip Unit Agreement (JBG SMITH Properties), Performance Ltip Unit Agreement (JBG SMITH Properties), Performance Ltip Unit Agreement (JBG SMITH Properties)

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Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan may be amended or discontinued in accordance with the provisions Section 19 thereof and that this Agreement may be amended or canceled by the Administrator, on behalf of the Company and the PartnershipCompany, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the PartnershipCompany, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 9 contracts

Samples: Restricted Stock Unit Award Agreement (Tier Reit Inc), Restricted Stock Unit Award Agreement (Tier Reit Inc), Restricted Stock Unit Award Agreement (Tier Reit Inc)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Participant acknowledges that the Plan may be amended or discontinued in accordance with the provisions thereof and that this Agreement may be amended or canceled by the Administrator, on behalf of the Company Parent Member and the PartnershipCompany, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeParticipant’s rights under this Agreement in any material respect without the EmployeeParticipant’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Participant or the Parent Member or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Participant or the Company Parent Member or the PartnershipCompany, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 8 contracts

Samples: Profits Interests (Welltower Inc.), Performance Ltip Unit Agreement (Welltower Inc.), Performance Ltip Unit Agreement (Welltower Inc.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan may be amended or discontinued in accordance with Section 7 of the provisions thereof Plan, and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 6 contracts

Samples: Ltip Unit Award Agreement (Prologis, L.P.), Ltip Unit Award Agreement (Prologis, L.P.), Ltip Unit Award Agreement (Prologis, L.P.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan may be amended or discontinued in accordance with the provisions Article 16 thereof and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 6 contracts

Samples: Performance Ltip Unit Award Agreement (Phillips Edison & Company, Inc.), Performance Ltip Unit Award Agreement (Phillips Edison & Company, Inc.), Ltip Unit Award Agreement (Phillips Edison & Company, Inc.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan and the POP may be amended or discontinued in accordance with Section 7 of the provisions thereof Plan and Section 3.1 of the POP, and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 4 contracts

Samples: Ltip Unit Award Agreement (Prologis, L.P.), Ltip Unit Award Agreement (Prologis, L.P.), Ltip Unit Award Agreement (Prologis, L.P.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan may be amended or discontinued in accordance with the provisions Article 17 thereof and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 4 contracts

Samples: Performance Ltip Unit (Phillips Edison & Company, Inc.), Peformance Ltip Unit Award Agreement (Phillips Edison & Company, Inc.), Ltip Unit Award Agreement (Phillips Edison & Company, Inc.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Participant acknowledges that the Plan may be amended or discontinued modified in accordance with the provisions Section 16.1 thereof and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeParticipant’s rights under this Agreement without the EmployeeParticipant’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Participant or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Participant or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 3 contracts

Samples: Ltip Unit Award Agreement (Duke Realty Limited Partnership/), Ltip Unit Award Agreement (Duke Realty Limited Partnership/), Ltip Unit Award Agreement (Duke Realty Limited Partnership/)

Amendment; Modification. This Award Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Participant acknowledges that the Plan may be amended or discontinued in accordance with the provisions thereof and that this Agreement may be amended or canceled by the Administrator, on behalf of the Company Parent Member and the PartnershipCompany, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeParticipant’s rights under this Agreement in any material respect without the EmployeeParticipant’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Participant or the Parent Member or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Participant or the Company Parent Member or the PartnershipCompany, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 3 contracts

Samples: Profits Interests Plan Option Unit Agreement (Welltower Inc.), Profits Interests Plan Option Unit Agreement (Welltower Inc.), Profits Interests Plan Option Unit Agreement (Welltower Inc.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Participant acknowledges that the Plan may be amended or discontinued in accordance with the provisions Section 19 thereof and that this Agreement may be amended or canceled by the Administrator, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeParticipant’s rights under this Agreement without the EmployeeParticipant’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Participant or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Participant or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 3 contracts

Samples: Aoltip Unit Award Agreement (Paramount Group, Inc.), Ltip Unit Award Agreement (Paramount Group, Inc.), Performance Ltip Unit Award Agreement (Paramount Group, Inc.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan may be amended or discontinued in accordance with the provisions Section 12 thereof and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the PartnershipCompany, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the PartnershipCompany, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 3 contracts

Samples: Restricted Stock Unit Award Agreement (Monogram Residential Trust, Inc.), Restricted Stock Award Agreement (Behringer Harvard Reit I Inc), Restricted Stock Unit Award Agreement (Tier Reit Inc)

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Amendment; Modification. This Award Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee acknowledges that the Plan may be amended or discontinued in accordance with the provisions thereof and that this Award Agreement may be amended or canceled by the Administrator, on behalf of the Company and the PartnershipCompany, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the Employee’s rights under this Award Agreement without the Employee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Award Agreement. The failure of the Employee or the ​ ​ ​ ​ ​ Company or the Partnership to insist upon strict compliance with any provision of this Award Agreement, or to assert any right the Employee or the Company or the PartnershipCompany, respectively, may have under this Award Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Award Agreement.

Appears in 1 contract

Samples: JBG SMITH Properties

Amendment; Modification. This Award Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee acknowledges that the Plan may be amended or discontinued in accordance with the provisions thereof and that this Award Agreement may be amended or canceled by the Administrator, on behalf of the Company and the PartnershipCompany, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the Employee’s rights under this Award Agreement without the Employee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Award Agreement. The failure of the Employee or the Company or the Partnership to insist upon strict compliance with any provision of this Award Agreement, or to assert any right the Employee or the Company or the PartnershipCompany, respectively, may have under this Award Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Award Agreement.

Appears in 1 contract

Samples: Restricted Share Unit Agreement (JBG SMITH Properties)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan may be amended or discontinued in accordance with the provisions Sections 2 and 13 thereof and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 1 contract

Samples: Ltip Unit Award Agreement (DCT Industrial Trust Inc.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan and the OPP Program may be amended or discontinued in accordance with Section 7 of the provisions thereof Plan and Section 3.1 of the OPP Program, and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 1 contract

Samples: Participation Points and Ltip Unit Award Agreement (Prologis, L.P.)

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee acknowledges that the Plan may be amended or discontinued in accordance with the provisions thereof and that this Agreement may be amended or canceled by the Administrator, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the Employee’s rights under this Agreement without the Employee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 1 contract

Samples: JBG SMITH Properties

Amendment; Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto, provided that the Employee Grantee acknowledges that the Plan and the POP Program may be amended or discontinued in accordance with Section 7 of the provisions thereof Plan and Section 3.1 of the POP Program, and that this Agreement may be amended or canceled by the AdministratorCommittee, on behalf of the Company and the Partnership, in each case for the purpose of satisfying changes in law or for any other lawful purpose, so long as no such action shall adversely affect the EmployeeGrantee’s rights under this Agreement without the EmployeeGrantee’s written consent. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by the parties which are not set forth expressly in this Agreement. The failure of the Employee Grantee or the Company or the Partnership to insist upon strict compliance with any provision of this Agreement, or to assert any right the Employee Grantee or the Company or the Partnership, respectively, may have under this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Appears in 1 contract

Samples: Ltip Unit Exchange Award Agreement (Prologis, L.P.)

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