Common use of Amendment or Waiver Clause in Contracts

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 162 contracts

Samples: Employment Agreement (Vertex Pharmaceuticals Inc / Ma), Employment Agreement (Footstar Inc), Executive Employment Agreement (Eldorado Resorts, Inc.)

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Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company, other than the Executive. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any such waiver must be in writing and signed by the Executive or an authorized officer of the Company, other than the Executive, as the case may be.

Appears in 32 contracts

Samples: Employment Agreement (Viasys Healthcare Inc), Employment Agreement (Viasys Healthcare Inc), Employment Agreement (Viasys Healthcare Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Party against whom it is being enforced (either the Executive or an authorized officer of the Company, as the case may be).

Appears in 26 contracts

Samples: Employment Agreement (Seitel Inc), Employment Agreement (Seitel Inc), Employment Agreement (Seitel Management, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 16 contracts

Samples: Employment Agreement (Tier Technologies Inc), Employment Agreement (Tier Technologies Inc), Employment Agreement (Tier Technologies Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 13 contracts

Samples: Severance and Change in Control Agreement (Entrust Inc), Employment Agreement (Standard Commercial Corp), Dimon Incorporated (Dimon Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive both Employee and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the Company, as the case may be.

Appears in 12 contracts

Samples: Employment Agreement (TWO RIVERS WATER & FARMING Co), John McKowen Employment Agreement (TWO RIVERS WATER Co), Employment Agreement With Russ (TWO RIVERS WATER Co)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 12 contracts

Samples: Employment Agreement (ALKALINE WATER Co INC), Employment Agreement (ALKALINE WATER Co INC), Employment Agreement (Respect Your Universe, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party any party of any breach by the any other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 11 contracts

Samples: Employment Agreement (National CineMedia, Inc.), Employment Agreement (National CineMedia, Inc.), Employment Agreement (National CineMedia, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any Except as set forth in Exhibit B, any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Appears in 11 contracts

Samples: Employment Agreement (Security Capital Assurance LTD), Employment Agreement (Syncora Holdings LTD), Employment Agreement (Security Capital Assurance LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 9 contracts

Samples: Executive Employment Agreement (Hancock John Financial Services Inc), Executive Employment Agreement (Hancock John Financial Services Inc), Executive Employment Agreement (Hancock John Financial Services Inc)

Amendment or Waiver. No provision in this This Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by of both the Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 9 contracts

Samples: Employment Agreement (Elixir Gaming Technologies, Inc.), Executive Hong Kong Employment Agreement (Entertainment Gaming Asia Inc.), Employment Agreement (Herbst Gaming Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer officers of the CompanyEmployer and Holdings. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall will be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer officers of the CompanyEmployer and Holdings, as the case may be.

Appears in 8 contracts

Samples: Contribution Agreement (Liquid Holdings Group LLC), Contribution Agreement (Liquid Holdings Group LLC), Executive Employment Agreement (Liquid Holdings Group LLC)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer representative of the Company, as the case may be.

Appears in 8 contracts

Samples: Agreement (Thermadyne Holdings Corp /De), Agreement (Thermadyne Holdings Corp /De), Agreement (Thermadyne Holdings Corp /De)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompanies. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompanies, as the case may be.

Appears in 7 contracts

Samples: Employment Agreement (Mid America Bancorp/Ky/), Employment Agreement (Mid America Bancorp/Ky/), Employment Agreement (Mid America Bancorp/Ky/)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany specifically authorized to execute such amendment by the Board. No waiver by either any Party of any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or and an authorized officer of the Company, as Company specifically authorized to execute such waiver by the case may beBoard.

Appears in 7 contracts

Samples: Employment Agreement (Pxre Group LTD), Employment Agreement (SVT Inc), Employment Agreement (Pxre Group LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCorporation. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCorporation, as the case may be.

Appears in 7 contracts

Samples: Employment Agreement (Mercer International Inc.), Employment Agreement (Mercer International Inc.), Employment Agreement (Mercer International Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any such waiver must be in writing and signed by the party granting the waiver, Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Appears in 7 contracts

Samples: Employment Agreement (People's Utah Bancorp), Employment Agreement (People's Utah Bancorp), Employment Agreement (Altabancorp)

Amendment or Waiver. No provision in this The Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by the of both Executive and an authorized officer of the Company. No waiver by either Party party at any time of any breach by the other Party party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 6 contracts

Samples: Change in Control Agreement (Cell Pathways Inc /De), Change in Control Agreement (Cell Pathways Inc /De), Change in Control Agreement (Cell Pathways Inc /De)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Appears in 6 contracts

Samples: Executive Employment Agreement (Penncorp Financial Group Inc /De/), Executive Employment Agreement (Penncorp Financial Group Inc /De/), Executive Employment Agreement (Penncorp Financial Group Inc /De/)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an a duly authorized officer of the Company. No waiver by either Party the Company of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 6 contracts

Samples: Employment Agreement (Genesis Media Group Inc /De/), Pledge and Security Agreement (Genesis Media Group Inc /De/), Employment Agreement (Genesisintermedia Com Inc)

Amendment or Waiver. No provision in this The Agreement may cannot be changed, modified or amended unless such amendment is agreed to in writing and signed by without the written consent of both Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 6 contracts

Samples: Change in Control Agreement (Del Laboratories Inc), Change in Control Agreement (Del Laboratories Inc), Change in Control Agreement (Del Laboratories Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer the full Board of the CompanyDirectors. No waiver by either any Party of any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer and the full Board of the Company, as the case may beDirectors.

Appears in 6 contracts

Samples: Separation Agreement and General Release (Andrea Electronics Corp), Separation Agreement and General Release (Andrea Electronics Corp), Separation Agreement and General Release (Andrea Electronics Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive both Consultant and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Appears in 6 contracts

Samples: Business Consulting Agreement (VetaNova Inc.), Business Consulting Agreement (VetaNova Inc.), Business Consulting Agreement (VetaNova Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the CompanyCompany and the Guarantors. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the CompanyCompany and the Guarantors, as the case may be.

Appears in 6 contracts

Samples: Employment Agreement (Xl Capital LTD), Employment Agreement (Xl Capital LTD), Employment Agreement (Xl Capital LTD)

Amendment or Waiver. No provision in this This Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by of both the Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in provisions 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 or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 6 contracts

Samples: Executive Employment Agreement (Herbst Gaming Inc), Executive Employment Agreement (Herbst Gaming Inc), Executive Employment Agreement (Herbst Gaming Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer or director of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer or director of the Company, as the case may be.

Appears in 5 contracts

Samples: Employment Agreement (Adelphia Communications Corp), Employment Agreement (Adelphia Communications Corp), Employment Agreement (Adelphia Communications Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer officers of the CompanyEmployer. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall will be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer officers of the CompanyEmployer, as the case may be.

Appears in 5 contracts

Samples: Executive Employment Agreement (Liquid Holdings Group, Inc.), Executive Employment Agreement (Liquid Holdings Group, Inc.), Executive Employment Agreement (Liquid Holdings Group LLC)

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

Appears in 5 contracts

Samples: Employment Agreement (Silicon Image Inc), Employment Agreement (Silicon Image Inc), Severance Agreement (Silicon Image Inc)

Amendment or Waiver. No provision in of this Agreement may be amended modified, waived or discharged unless such amendment modification, waiver or discharge is agreed to in a writing and signed by the Executive Employee and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in of this Agreement to be performed by such other Party shall will be deemed a waiver of a similar or dissimilar any other condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 5 contracts

Samples: Employee Retention Agreement (Public Service Co of New Mexico), Discretionary Award Agreement (Texas New Mexico Power Co), Employee Retention Agreement (Public Service Co of New Mexico)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall will be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 5 contracts

Samples: Employment Agreement (Orion Healthcorp Inc), Employment Agreement (Orion Healthcorp Inc), Employment Agreement (Orion Healthcorp Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of and approved by the Company, as the case may beBoard.

Appears in 4 contracts

Samples: Employment Agreement (New Ulm Telecom Inc), Executive Employment Agreement (New Ulm Telecom Inc), Employment Agreement (New Ulm Telecom Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company, other than the Executive. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.subsequent

Appears in 4 contracts

Samples: Employment Agreement (Viasys Healthcare Inc), Employment Agreement (Viasys Healthcare Inc), Employment Agreement (Viasys Healthcare Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Consultant and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Appears in 4 contracts

Samples: Consulting Agreement (Comcast Corp), Consulting Agreement (Nbi Inc), Consulting Agreement (Nbi Inc)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an authorized officer of the CompanyExecutive. No waiver by either Party the Executive of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 4 contracts

Samples: Employment Agreement (Station Casinos Inc), Employment Agreement (Station Casinos Inc), Employment Agreement (Station Casinos Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be. 19.

Appears in 3 contracts

Samples: Employment Agreement                  agreement (Footstar Inc), Employment Agreement Agreement (Penncorp Financial Group Inc /De/), Employment Agreement Agreement (Penncorp Financial Group Inc /De/)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent timetime unless such waiver, by its express terms, so provides. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 3 contracts

Samples: Employment Agreement (Ulticom Inc), Employment Agreement (Ulticom Inc), Employment Agreement (Comverse Technology Inc/Ny/)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany provided that the Company may, without the Executive’s consent, unilaterally adopt amendments that may be required so that this Agreement continues to comply with applicable law or regulations, including without limitation Section 409A of the Code. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 3 contracts

Samples: Employment Agreement (Vertex Pharmaceuticals Inc / Ma), Employment Agreement (Vertex Pharmaceuticals Inc / Ma), Employment Agreement (Vertex Pharmaceuticals Inc / Ma)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Employee and an authorized officer of the CompanyCompany other than the Employee. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the CompanyCompany other than the Employee, as the case may be.

Appears in 3 contracts

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

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Contractor and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Contractor or an authorized officer of the Company, as the case may be.

Appears in 3 contracts

Samples: Independent Contractor Agreement (Anavex Life Sciences Corp.), Independent Contractor Agreement (Anavex Life Sciences Corp.), Independent Contractor Agreement (Anavex Life Sciences Corp.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company, other than the Executive. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any such waiver must be in writing and signed by the Executive or an authorized officer of the Company, other than the Executive, as the case may be.

Appears in 3 contracts

Samples: Employment Agreement (Viasys Healthcare Inc), Employment Agreement (Viasys Healthcare Inc), Employment Agreement (Viasys Healthcare Inc)

Amendment or Waiver. No provision in of this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party part of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Appears in 3 contracts

Samples: Executive Employment Agreement (Select Media Communications Inc), Executive Employment Agreement (Select Media Communications Inc), Executive Employment Agreement (Select Media Communications Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to upon in writing and signed by both the Executive Employee and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer representative of the Company, as the case may be.

Appears in 3 contracts

Samples: Agreement (Whittaker Corp), Agreement (Whittaker Corp), Agreement (Berg Electronics Corp /De/)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany (other than Executive). No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Appears in 3 contracts

Samples: Executive Retention Agreement (Penncorp Financial Group Inc /De/), Executive Retention Agreement (Penncorp Financial Group Inc /De/), Executive Retention Agreement (Penncorp Financial Group Inc /De/)

Amendment or Waiver. No provision in this Agreement may be amended unless and to the extent such amendment is agreed to in writing and signed by the both Executive and an authorized officer of the CompanyAsyst. No waiver by either Party party of any breach by the other Party party of any condition condition, obligation, performance or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of party to be charged with the Company, as the case may bewaiver.

Appears in 3 contracts

Samples: Change in Control Agreement (Asyst Technologies Inc), Change in Control Agreement (Asyst Technologies Inc), Change in Control Agreement (Asyst Technologies Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the CompanyCompany and Parent. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the CompanyCompany and Parent, as the case may be.

Appears in 3 contracts

Samples: Employment Agreement (Mid Ocean LTD), Employment Agreement (Mid Ocean LTD), Employment Agreement (Xl Capital LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Chairman and an authorized officer or director of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Chairman or an authorized officer or director of the Company, as the case may be.

Appears in 2 contracts

Samples: Services Agreement (Haynes International Inc), Services Agreement (Kmart Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or and an authorized officer of the Company, as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Striker Energy Corp), Employment Agreement (Striker Energy Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 2 contracts

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

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Employee and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the Company, as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Kbkids Com Inc), Employment Agreement (Kbkids Com Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of each of the CompanyCompany and Holding. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany or Holding, as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Montgomery Ward Holding Corp), Employment Agreement (Montgomery Ward Holding Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized authorised officer of the CompanyCompany (other than the Executive). No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized authorised officer of the CompanyCompany (other than the Executive), as the case may be.

Appears in 2 contracts

Samples: WPP PLC, WPP Group PLC

Amendment or Waiver. No provision in of this Agreement may be amended unless and to the extent such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition condition, obligation, performance or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of party to be charged with the Company, as the case may bewaiver.

Appears in 2 contracts

Samples: Change of Control Agreement (Pericom Semiconductor Corp), Change of Control Agreement (Pericom Semiconductor Corp)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an authorized officer of the CompanyEmployee. No waiver by either Party the Employee of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Netgateway Inc), Employment Agreement (Ichargeit Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Polaroid Corp), Employment Agreement (Polaroid Corp)

Amendment or Waiver. No provision in of this Agreement may be amended unless and to the extent such amendment is agreed to in writing and signed by both the Executive Officer and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition condition, obligation, performance or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of party to be charged with the Company, as the case may bewaiver.

Appears in 2 contracts

Samples: Change of Control Agreement (Supertex Inc), Change of Control Agreement (Supertex Inc)

Amendment or Waiver. No provision in this Agreement agreement may be amended unless such amendment is agreed to in writing and signed by the Executive you and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive party against whom it is being enforced (either you or an authorized officer of the Company, as the case may be).

Appears in 1 contract

Samples: Register Com Inc

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Kbkids Com Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may bemaybe.

Appears in 1 contract

Samples: Employment Agreement (Kbkids Com Inc)

Amendment or Waiver. No provision provisions in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of or any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Restricted Stock Agreement (Amoco Corp)

Amendment or Waiver. No provision in this Amended Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Amended Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Executive Employment Agreement (Diebold Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be. 27.

Appears in 1 contract

Samples: Employment Agreement (Polaroid Corp)

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Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Employee and an authorized officer of the Company. Company No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Kbkids Com Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company; and, if prior to the Effective Date, Bally. No waiver by either any Party of any breach by the any other Party of any condition or provision contained in this Agreement to be performed by such any other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany or Bally, as the case may be.

Appears in 1 contract

Samples: Consulting and Employment Agreement (Hilton Hotels Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Mid Ocean LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of of, or compliance with, any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Final Execution Copy (Lucent Technologies Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing wilting and signed by the Executive and an authorized authorised officer of the CompanyCompany (other than the Executive). No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized authorised officer of the CompanyCompany (other than the Executive), as the case may be.

Appears in 1 contract

Samples: WPP Group PLC

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany (other than Executive), as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Footstar Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any Except as set forth in Exhibit A, any waiver must be in writing and signed by the Executive or an and a duly authorized officer of the CompanyCompany and the Guarantors, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Syncora Holdings LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany and Bank. No waiver by either any Party of or any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany or Bank, as the case may be.. 16

Appears in 1 contract

Samples: Employment Agreement (Indiana United Bancorp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Consultant and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Consulting Agreement (Fanz Enterprises Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by For the avoidance of doubt, the terms of any Other Award issued after the date hereof shall not limit or restrict the terms of this Agreement applicable to such Other Award unless the Executive executes a writing that specifically refers to the provisions of this Agreement to be limited or an authorized officer of the Company, as the case may berestricted.

Appears in 1 contract

Samples: Retention Agreement (Gentek Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Consultant and an authorized officer officer, director, manager, or Member of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer officer, director, manager or Member of the Company, as the case may be.

Appears in 1 contract

Samples: Consulting Agreement (Fanz Enterprises Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive both Consultant and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Consultant or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Consulting Agreement (Kbkids Com Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party the Company or by the Executive of any breach by the other Party party to this Agreement of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment and Consulting Agreement (V F Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive Consultant and an authorized officer of the CompanyCompany specifically authorized to execute such amendment by the Board. No waiver by either any Party of any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or Consultant and an authorized officer of the Company, as Company specifically authorized to execute such waiver by the case may beBoard.

Appears in 1 contract

Samples: Consulting Services Agreement (Pxre Group LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive Employee and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive Employee or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Nu Horizons Electronics Corp)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to approved by the Board of Directors of the Company and set forth in writing and a writing, signed by the Executive and an authorized officer Chairman of the Board of the Company. No waiver by either Party the Company of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Stock Purchase Agreement (Netgateway Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer the full Board of the CompanyDirectors. No waiver by either any Party of any breach by the other another Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer and the full Board of the Company, as the case may be.Directors. Exhibit 10.1

Appears in 1 contract

Samples: Separation Agreement and General Release (Andrea Electronics Corp)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and writing, signed by the Executive and an a duly authorized officer of the EXHIBIT A Company. No waiver by either Party the Company of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Pledge and Security Agreement (Genesis Media Group Inc /De/)

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

Appears in 1 contract

Samples: Termination and Release Agreement (Right Start Inc /Ca)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of P arty or any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Intek Diversified Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.waiver

Appears in 1 contract

Samples: Employment Agreement (Nabors Industries Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the CompanyCompany and XLGS. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any Except as set forth in Exhibit B, any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Xl Group PLC)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any Except as set forth in Exhibit D, any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Syncora Holdings LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the CompanyEmployer other than the Executive. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall will be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyEmployer, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Sterling Bancorp, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the CompanyCompany and Parent. No waiver by either any Party of any breach by the any other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the CompanyCompany and Parent, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Xl Capital LTD)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment is agreed to in writing and signed by the Executive and signed by Executive and by an authorized officer representative of the Company. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Maui Land & Pineapple Co Inc)

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

Appears in 1 contract

Samples: Employment Agreement (Providian Bancorp Inc)

Amendment or Waiver. No provision in this This Agreement may cannot be changed, modified or amended unless such amendment is agreed to without the consent in writing and signed by of both the Executive and an authorized officer of the Company. No waiver by either Party at any time of any breach by the other Party of any condition or provision contained in this of the Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar PETER ZEE EXECUTIVE EMPLOYMEXX XXXXXXENT VENDINGDATA OCTOBER 3RD, 2005 condition or provision at the same or at any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Vendingdata Corp)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is (1) agreed to in writing writing, and (2) the agreement is signed by the Executive and by an authorized officer of the CompanyCompany or its successor. No waiver by either Party any party hereto of any breach by the any other Party party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Assured Guaranty LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in of this Agreement Agree- ment to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Xl Capital LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and writing, signed by the Executive and an by a duly authorized officer of the Company, XL and the Guarantor. No waiver by either any Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an a duly authorized officer of the Company, XL and the Guarantor, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Xl Capital LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party party hereto of any breach by the other Party party hereto of any condition or provision contained in this Agreement to be performed by such other Party shall party will be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Executive Employment Agreement (Counterpath Corp)

Amendment or Waiver. No Except as otherwise provided in Section 6(b) above, no provision in of this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Party against whom it is being enforced (either the Executive or an authorized officer of the Company, as the case may be).

Appears in 1 contract

Samples: Employment Agreement (Warnaco Group Inc /De/)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such the other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Hilton Hotels Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by both the Executive and an authorized officer of the CompanyCompany other than the Executive. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany other than the Executive, as the case may be.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Aeroflex Inc)

Amendment or Waiver. No provision in of this Agreement may will be amended unless such amendment is agreed to amended, modified or waived except in writing and signed by the Executive you and an authorized officer of the CompanyCompany specifically authorized by the Board, which writing explicitly states the intent of the parties hereto to amend the terms herein. No waiver by either Party party of any breach of this Agreement by the other Party of any condition or provision contained in this Agreement to party will be performed by such other Party shall be deemed considered a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer other breach of the Company, as the case may bethis Agreement.

Appears in 1 contract

Samples: Severance Agreement (Veracyte, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may bemaybe.

Appears in 1 contract

Samples: Employment Agreement (Perry Ellis International Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. No waiver by either Party of any breach by the other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be. 22.

Appears in 1 contract

Samples: Employment Agreement (Thermo Electron Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the CompanyCompany and the Parent. No waiver by either any Party of any breach by the any other Party of any condition or provision contained in 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 or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the CompanyCompany and the Parent, as the case may be.

Appears in 1 contract

Samples: Amended And (Heidrick & Struggles International Inc)

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