Common use of Amendment or Modification; Waiver Clause in Contracts

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the CompanyCompany (other than Employee). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No The failure of either party to this Agreement to enforce any of its terms, provisions or covenants will not be construed as a waiver of the same or of the right of such party to enforce the same. Waiver by any either party hereto of any breach or default by another the other party hereto of any condition term or provision of this Agreement to be performed by such other party shall be deemed will not operate as a waiver of a similar any other breach or dissimilar condition or provision at the same time, any prior time or any subsequent timedefault.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No The failure of either party to this Agreement to enforce any of its terms, provisions or covenants shall not be construed as a waiver of the same or of the right of such party to enforce the same. Waiver by any either party hereto of any breach or default by another the other party hereto of any condition term or provision of this Agreement to be performed by such other party shall be deemed not operate as a waiver of a similar any other breach or dissimilar condition or provision at the same time, any prior time or any subsequent timedefault.

Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, modified or waived, waived unless such amendment or waiver modification is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the party to be charged. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Companyeach party hereto. No waiver by any either party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive and by a duly authorized officer of the CompanyCompany other than Executive. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Grantee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No The failure of either party to this Agreement to enforce any of its terms, provisions or covenants shall not be construed as a waiver of the same or of the right of such party to enforce the same. Waiver by any either party hereto of any breach or default by another the other party hereto of any condition term or provision of this Agreement to be performed by such other party shall be deemed not operate as a waiver of a similar any other breach or dissimilar condition or provision at the same time, any prior time or any subsequent timedefault.

Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time time, or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, modified unless such amendment or waiver modification is agreed to in writing, signed by the Executive Xxxxx and by a duly authorized an officer of the CompanyCompany duly authorized to do so. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of each of the Companyparties to this Agreement. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the CompanyCompany other that the Employee. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCompany (other than Executive). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive VP and by a duly authorized officer of the CompanyCompany other than VP. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized director or officer of the CompanyNiagara. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.. ​

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No Except as set forth in the Plan, no provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Participant and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Optionee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Xxxxx and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may ------------------------------------- be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of each of the CompanyCompany and the Bank. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement --------------------------------- may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by Company, agreed to in writing, and signed by the Executive you and by a duly authorized officer an officer, other than you, of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of in this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, time or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, approved by the Board and is signed by the Executive and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any party hereto the Company or Executive of any breach by another party hereto the other of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, and is signed by both the Executive Option Holder and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, modified or waived, waived unless such amendment or waiver modification is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the party to be charged. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive XXXXX and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Laves and by a duly authorized officer of the CompanyCompany other that Laves. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Schein and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Freedom and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a another duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended modified, waived or waived, discharged unless such amendment waiver, modification or waiver discharge is agreed to in writing, writing signed by the Executive and by a duly an authorized officer of the Company. No waiver by any party hereto at any time of any breach by another the other party hereto of of, or compliance with, any condition or provision of this Agreement to be performed by any such other party shall be deemed a waiver of a similar or dissimilar condition provisions or provision conditions at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time time, or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, and is signed by both the Executive Grantee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this the Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, modified or waived, waived unless such amendment amendment, modification or waiver is shall be agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto failure of any other party to keep or perform any covenant or condition or provision of this Agreement to be performed by such other party shall be deemed to be a waiver of a similar any preceding or dissimilar condition or provision at succeeding breach of the same timesame, any prior time or any subsequent timeother covenant or condition.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Board Director and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Konatich and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Cross and by a duly authorized officer of the CompanyCompany other than Cross. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Schein and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive XXXXXXX and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive XXXXXX and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the CEO and is agreed to in writing, signed by the Executive Employee and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Consultant and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer officers of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, and is signed by both the Executive Participant and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a an officer of CP&L thereunto duly authorized officer of to do so. Except as otherwise specifically provided in the Company. No Agreement, no waiver by any a party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver wavier of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Schein and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Xxxxxx and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement --------------------------------- may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Cxxxxx and by a duly authorized officer of the Company. No waiver by any party hereto of to this Agreement or any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this --------------------------------- Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive RIESENFELD and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer representative of AII and the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Mr. Masiz and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Stockholder and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive COOK and by a duly authorized officer of the CompanyCorporation. No waiver waixxx by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive XxXxxxx and by a an officer of CP&L thereunto duly authorized officer of to do so. Except as otherwise specifically provided in the Company. No Agreement, no waiver by any a party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver wavier of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive ____________ and by a an officer of PESC thereunto duly authorized officer of to do so. Except as otherwise specifically provided in the Company. No Agreement, no waiver by any a party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended amended, modified or waived, waived unless such amendment or waiver modification is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the party to be charged. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same timetune, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Konatich and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyCompany and WRC. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is authorized by the Board and is agreed to in writing, signed by the Executive and by a duly authorized an officer of the CompanyCompany (other than Executive). No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer representative of the CompanyCompany and by the Executive. No waiver by any party hereto of any breach by another the other party hereto of any condition or provision of this Agreement agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive NEILL and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Xxxxxx and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a E-120 similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive FROST and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Key Employee and by a duly authorized officer representative of the CompanyCompensation Committee. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.. 5

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive MEER and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of Party to this Agreement or any breach by another party hereto Party of any condition or provision of this Agreement to be performed by such other party Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.. ​

Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Chatas and by a an officer of PESC thereunto duly authorized officer of to do so. Except as otherwise specifically provided in the Company. No Agreement, no waiver by any a party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may --------------------------------- be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive CFO and by a duly authorized officer of the CompanyCompany other than CFO. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive Song and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive and Mr. Xxxxxxxx xxd by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized an officer of the Company thereunto duly authorized by the Company. No Except as otherwise specifically provided in this Agreement, no waiver by any a party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of in this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Xxxxxxx and by a an officer of Energy Ventures thereunto duly authorized officer of to do so. Except as otherwise specifically provided in the Company. No Agreement, no waiver by any a party hereto of any breach by another the other party hereto of any condition or provision of this the Agreement to be performed by such other party shall be deemed a waiver wavier of a similar or dissimilar provision or condition or provision at the same time, or any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive Employee and by a duly authorized an officer of the CompanyCompany thereunto duly authorized. No Except as otherwise specifically provided in this Agreement, no waiver by any either party hereto of any breach by another the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition or provision at the same time, or at any prior time or any subsequent time.

Amendment or Modification; Waiver. No Subject to Section 13 hereof, no provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Companyeach party hereto. No waiver by any either party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer the Board of the CompanyTrustees. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing signed by the Executive XXXX and by a duly authorized officer of the CompanyCorporation. No waiver by any party hereto to this Agreement of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this --------------------------------- Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyEmployer. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the CompanyWRC. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time time, or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any arty condition or provision of this Agreement to be he performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Companyparties hereto. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, signed by the Executive and by a another duly authorized officer of the CompanyCompanies. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

Amendment or Modification; Waiver. No Subject to Section 13 below, no provision of this Agreement may be amended or waived, waived unless such amendment or waiver is agreed to in writing, writing and signed by the Executive and by a duly authorized officer of the Companyeach party hereto. No waiver by any either party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or of dissimilar condition or provision at the same time, any prior time or any subsequent time.