Common use of Amendment; Waiver Clause in Contracts

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both the parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the parties hereto or from any failure by the other either party shall not operate hereto to assert its rights hereunder on any occasion or be construed as a waiver series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Except as otherwise provided herein, this Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties Parties hereto. The No waiver by either party Party at any time of any breach by the other Party hereto or compliance with any condition or provision of this Agreement to be performed by the such other party shall not operate or Party will be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both the parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the parties or from any failure by the other either party shall not operate to assert its or be construed as a waiver his rights hereunder on any occasion or series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretoon behalf of each of the parties. Any agreement on the part of a party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. The waiver by either failure of any party of compliance with any provision of to this Agreement by the other party to assert any of its rights under this Agreement or otherwise shall not operate or be construed as constitute a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementrights.

Amendment; Waiver. This Agreement may not be modifiedamended, amended supplemented or waived in otherwise modified only by a written instrument executed by each of the parties hereto. No waiver by any manner, except by an instrument party of any of the provisions hereof will be effective unless explicitly set forth in writing signed and executed by both parties heretothe party so waiving. The waiver by either any party hereto of compliance with a breach of any provision of this Agreement by the other party shall will not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, except by an instrument unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended, supplemented or otherwise modified only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both the parties hereto. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretothe written consent of the parties. The No waiver by either party of compliance with any provision of this Agreement may be implied from any course of dealing between the parties or from any failure by the other a party shall not operate to assert its rights under this Agreement on any occasion or be construed as a waiver series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both the parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Except as expressly provided hereunder, this Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both parties the Parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the Parties or from any failure by the other either party shall not operate to assert its or be construed as a waiver his rights hereunder on any occasion or series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, except by an instrument unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. This Agreement may not be amended or modified, amended in whole or waived in any mannerpart, except by an instrument in a writing signed by duly authorized representative of both parties heretoParties. The waiver No provision or part of this Agreement or remedy hereunder may be waived except by a writing signed by a duly authorized representative of the Party making the waiver. Failure or delay by either party of compliance with Party to enforce any provision of this Agreement by the other party shall will not operate or be construed as deemed a waiver of future enforcement of that or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may not be modified, amended or waived only in any manner, except by an instrument in a writing signed by both parties heretoparties. The waiver by either failure of a party of compliance with to insist upon strict adherence to any provision term of this Agreement by the other party on any occasion shall not operate or be construed as considered a waiver of any other provision of this Agreement, such party’s rights or of any subsequent breach by deprive such party of a provision the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretoon behalf of each of the Parties. Any agreement on the part of either Party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The waiver by failure of either party Party to assert any of compliance with any provision of its rights under this Agreement by the other party or otherwise shall not operate or be construed as constitute a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementrights.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an instrument or instruments in writing signed by both the parties hereto. The waiver Any party may waive compliance by either party of compliance another with any provision of the provisions of this Agreement by the other party Agreement. No waiver of any provision hereof shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision. Any waiver must be in writing.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both the parties hereto. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the parties hereto or from any failure by the other any party shall not operate hereto to assert its rights hereunder on any occasion or be construed as a waiver series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto. The No waiver by either party hereto at any time of any breach by the other party hereto or compliance with any condition or provision of this Agreement to be performed by the such other party shall not operate or will be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be modified, modified or amended or waived in any manner, manner except by an instrument in writing signed a written agreement executed by both the parties heretohereto or their respective successors and legal representatives. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of or a provision of this Agreement.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument signed by all the Parties. No waiver by any Party of any provision hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe Party so waiving. The waiver by either party Party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument in writing signed by both parties heretoParties. No waiver by any Party of any provision hereof shall be effective unless explicitly set forth in writing and executed by the Party so waiving. The waiver by either party Party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both the parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver wavier of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Except as otherwise provided herein, his Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties Parties hereto. The No waiver by either party Party at any time of any breach by the other Party hereto or compliance with any condition or provision of this Agreement to be performed by the such other party shall not operate or Party will be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except only by an instrument agreement in writing signed by of both parties heretoparties. The No waiver by either party of compliance with any provision nor consent to any exception to the terms of this Agreement shall be effective unless in writing and signed by the other party shall not operate or to be construed as a waiver of any other provision of this Agreementbound and then only to the specific purpose, or of any subsequent breach by such party of a provision of this Agreementextent and instance so provided.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an instrument in a writing signed executed by both of the parties hereto. The waiver by either any party hereto of compliance with any breach of any provision of this Agreement by the other party hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereunder.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto; provided, however, that any such modification, amendment or waiver on the part of the Company shall have been previously approved by the Board. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument in writing signed by authorized agents of both parties heretoparties. The waiver Failure by either party of compliance with to enforce any provision of this Agreement by the other party shall will not operate or be construed as deemed a waiver of future enforcement of that or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may shall not be modified, amended or waived in any manner, except by an instrument in a writing signed by both parties heretothe Parties. The No waiver by either party of compliance with any provision of this Agreement shall be implied from any course of dealing between the Parties or from any failure by the other party shall not operate either Party to assert its or be construed as a waiver his rights hereunder on any occasion or series of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementoccasions.

Amendment; Waiver. This The terms, provisions, and conditions of this Agreement may not be modifiedchanged, modified or amended or waived in any manner, manner except by an instrument in a writing signed executed by both parties heretoparties. The waiver by either party of compliance with any breach of any provision of this Agreement by the other any party hereto shall not operate or be construed as deemed to be a waiver of any other provision preceding or subsequent breach of this Agreement, or of any subsequent breach Agreement and no such waiver shall be effective unless in writing signed by the party granting such party of a provision of this Agreementwaiver.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretoParties. The waiver by either party Party of compliance with any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party Party of a provision of this Agreement.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument in writing signed by both parties heretoparties. No waiver by any party of any provision hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. The waiver by either party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This No amendment to this Agreement may not shall be modified, amended or waived in any manner, except by an instrument valid unless such amendment is in writing and is signed by both of the parties heretoto this Agreement. The Any of the terms and conditions of this Agreement may be waived at any time in writing by the party entitled to the benefit thereof, but a waiver by either party of compliance with in one instance shall not be deemed to constitute a waiver in any other instance. A failure to enforce any provision of this Agreement by the other party shall not operate or be construed as a waiver of the provision or of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto; provided, however, that any such modification, amendment or waiver on the part of the Company shall have been previously approved by the Board. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, Agreement or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be amended or modified, amended in whole or waived in any mannerpart, except by an instrument in a writing signed by duly authorized representatives of both parties heretoParties. The waiver No provision or part of this Agreement or remedy hereunder may be waived except by a writing signed by a duly authorized representative of the Party making the waiver. Failure or delay by either party of compliance with Party to enforce any provision of this Agreement by the other party shall will not operate or be construed as deemed a waiver of future enforcement of that or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This No provision of this Agreement may not be modifiedamended, amended waived or waived in any manner, modified except by an instrument or instruments in writing signed by both all the parties hereto. The waiver by either failure of any party of compliance with hereto to enforce at any time any provision of this Agreement by the other party hereof shall not operate or be construed as to be a waiver of such provision, nor in any other provision of this Agreement, way to affect the validity hereof or any part hereof or the right of any subsequent breach by party thereafter to enforce each and every such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may shall not be modifiedamended, amended modified or waived in any mannersupplemented, except by an instrument in writing signed by both parties heretoparties. The waiver by either party Party hereto of compliance with a breach or violation of any term or provision of this Agreement by the other party shall not operate or nor be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementor violation.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, except by an instrument ----------------- unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended, supplemented or otherwise modified only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties heretothe parties. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except (a) by an instrument in writing signed by both by, or on behalf of, the parties hereto. The waiver by either party of compliance by the other party with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto, provided, however, that any such modification, amendment or waiver on the part of the Company shall have been previously approved by the Board. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement No provision of this agreement may not be modified, amended waived, or waived in any manner, discharged except by an instrument in a writing signed by both parties heretoparties. The waiver by failure of either party of to insist upon strict compliance with any provision of this Agreement by the other agreement or assert any right either party shall may have hereunder does not operate or be construed as constitute a waiver of any other the provision of or right under this Agreement, or of any subsequent breach by such party of a provision of this Agreementagreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretothe Parties. The waiver by either party Party of compliance with any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party Party of a provision of this Agreement.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument signed by all the parties hereto. No waiver by any party of any provision hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe party so waiving. The waiver by either party hereto of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This No amendment to this Agreement shall be valid unless such amendment is in writing and is signed by the party against whom enforcement is sought. Any of the terms and conditions of this Agreement may be waived at any time in writing by the party entitled to the benefit thereof, but a waiver in one instance shall not be modified, amended or waived deemed to constitute a waiver in any manner, except by an instrument in writing signed by both parties heretoother instance. The waiver by either party of compliance with A failure to enforce any provision of this Agreement by the other party shall not operate or be construed as a waiver of the provision or of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.

Amendment; Waiver. This Agreement may not be modified, amended amended, or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not only be modified, amended or waived in any manner, except by an instrument in writing written agreement signed by both the parties hereto. The A waiver by either party the Company or Employee of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementthe other party.

Amendment; Waiver. This Agreement may not be modifiedamended, amended supplemented or waived in any manner, except otherwise modified only by an instrument agreement in writing signed by both parties hereto. The waiver by either a party of compliance with any breach of any provision of this Agreement by the other party shall will not constitute or operate or be construed as a waiver of any other breach of such provision of this Agreement, or of any subsequent breach by other provision hereof, nor will any failure to enforce any provision hereof operate as a waiver of such party provision or of a any other provision of this Agreementhereof.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except only by an instrument agreement in writing signed by of both parties heretoparties. The No waiver by either party of compliance with any provision nor consent to any exception to the terms of this Agreement shall be effective unless in writing and signed by the other party shall not operate or Party to be construed as a waiver of any other provision of this Agreementbound and then only to the specific purpose, or of any subsequent breach by such party of a provision of this Agreementextent and instance so provided.

Amendment; Waiver. This Agreement may not be modifiedamended, amended or waived and any provision hereof waived, but only in any manner, except by an instrument in a writing signed by both parties heretothe party against whom such amendment or waiver is sought to be enforced. The granting of any waiver by either party of compliance with respect to any failure to comply with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreementof, or of estoppel with respect to, any subsequent breach by such party of a or other failure to comply with any provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by both parties heretotheir duly authorized representatives. The waiver by failure of either party to enforce at any time any of compliance with any provision the provisions of this Agreement by the other party shall may not operate or be construed as to be a waiver of such provisions nor the right of either party to enforce such provisions in the future. No waiver of any breach of this Agreement will be held to be a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be amended, modified, amended waived or waived in any manner, cancelled except by an instrument in a writing signed by both parties each party hereto. The No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with with, any condition or provision of this Agreement to be performed by the such other party shall not operate or be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be modifiedamended, amended or waived in and the observance of any mannerterm may be waived, except by an instrument in writing signed by only with the written consent of both parties heretoParties. The Any waiver by either party Party hereto of compliance with any provision of this Agreement by the other party shall will not operate or be construed as a waiver of any other provision of this Agreement, nor will such waiver be construed as a waiver of such provision with respect to any other event or of any subsequent breach by such party of a provision of this Agreementcircumstance, whether past, present or future.

Amendment; Waiver. This Agreement may cannot be modifiedterminated, altered or amended or waived in any manner, except by pursuant to an instrument in writing signed by both parties hereto. The waiver by either party the each of compliance with Stockholder and the Optionholder, except that any provision of the terms or provisions of this Agreement may be waived in writing at any time by the other party shall not operate which is entitled to the benefits of such waived terms or be construed as a provisions. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver or any other provision of this Agreement, hereof (whether or of any subsequent breach by such party of a provision of this Agreementnot similar).

Amendment; Waiver. This Agreement may shall not be modifiedchanged, modified or amended or waived in any manner, respect except by an instrument in writing signed by both the mutual written agreement of the parties hereto. The Any provision of this Agreement may be waived in writing by the party which is entitled to the benefits thereof. No waiver by either party of compliance with any provision of this Agreement by the other party shall not operate be deemed to or be construed as shall constitute a waiver of any other provision of this Agreementhereof or thereof (whether or not similar), or of nor shall any subsequent breach by such party of waiver constitute a provision of this Agreementcontinuing waiver.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both all parties hereto. The waiver by either any party of compliance with any provision of this Agreement by the other party or parties shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or nor any provision hereof waived in any manner, except by an instrument in pursuant to a writing signed by both parties heretoeach Transaction Party or as otherwise provided herein. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate Any amendment or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by the provisions hereof pursuant to such a writing shall be binding upon each party of a provision of this Agreementhereto.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party (including the failure to insist upon strict compliance with any term, covenant or condition) shall not operate or be construed as a waiver of (i) any other provision of this Agreement, or of (ii) any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties heretoExecutive and the Company. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may be amended only in a writing clearly setting forth the amendment(s) and executed by both parties. Any waiver of a term or condition of this Agreement in one instance shall not be modified, amended or waived deemed to constitute a waiver in any manner, except by an instrument in writing signed by both parties heretoother instance. The waiver by either party of compliance with A failure to enforce any provision of this Agreement by the other party shall not operate or be construed as a waiver of such provision or of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.

Amendment; Waiver. This Agreement may cannot be modifiedaltered, amended amended, changed, waived, terminated, or waived modified in any manner, except by an instrument respect unless the same shall be in writing and signed by both parties heretothe party to be charged therewith. The No waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may not be modified, amended amended, or waived in any manner, manner except by an instrument in writing signed by both parties heretothe parties. The waiver by either any party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretothe Parties. The waiver by either party Waiver of compliance with any provision of this Agreement will be effective only if in writing and signed by the other party shall Party waiving the provision and, unless expressly provided, will not operate be a waiver of any subsequent breach or be construed as a waiver of any other provision of this Agreement, or Agreement (regardless of any subsequent breach by such party of a provision of this Agreementwhether similar).

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an instrument or instruments in writing signed by both the parties hereto. The waiver by either Each party of may waive compliance with any provision of this Agreement by the other party with any of the provisions of this Agreement. No waiver of any provision hereof shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach provision. Any waiver must be in writing and signed by such the party of a provision of this Agreementgranting the waiver.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or ----------------- waived in any manner, except by an instrument unless in writing signed by both all of the parties hereto. The to this Agreement, and the waiver by either party of compliance with any one provision of this Agreement by the other party shall not operate or be construed as deemed to be a waiver of any other provision provision. This Agreement may be amended, supplemented or otherwise modified only by a written agreement executed by all of this Agreement, or of any subsequent breach by such party of a provision of the parties to this Agreement.

Amendment; Waiver. This Agreement (together with the Exhibits hereto) may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Any modifications or amendments to this Agreement may not must be modified, amended or waived in any manner, except by an instrument in writing and signed by both parties heretoparties. The Any waiver by either party of compliance with a breach of any provision of this Agreement by the other party shall will not operate as or be construed as to be a waiver of any other breach of that or any other provision of this Agreement, . Any waiver must be in writing. Failure by either party to insist upon strict adherence to any provision of this Agreement on one or of any subsequent breach by more occasions will not deprive such party of a the right to insist upon strict adherence to that or any other provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties heretoExecutive and the Company. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This The Agreement may not be modified, amended or waived in any manner, except by an instrument in writing only through a written document signed by both parties heretoparties. The waiver by either party hereto of compliance with any provision of this Agreement by the other party matter provided for herein shall not operate or be construed as deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementmatter.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except only by an instrument in writing signed by both the parties heretoto this Agreement. This Agreement and any provision hereof may be waived as to any party against whom the waiver is to be effective only by a writing signed by such party. The waiver by either failure of any party to enforce any of compliance with any provision the provisions of this Agreement by the other party shall not operate or in no way be construed as a waiver of any other such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement, or of any subsequent breach by such party of a provision of this AgreementAgreement in accordance with its terms.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both all parties hereto. The waiver by either any party of compliance with any provision of this Agreement by the any other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modifiedamended, amended modified or waived in any manner, except superseded only by an a written instrument in writing signed by both all of the parties heretoto this Agreement. The waiver No party shall be deemed to have waived compliance by either another party of compliance with any provision of this Agreement unless such waiver is contained in a written instrument signed by the other waiving party shall not operate or and no waiver that may be construed as given by a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementwill be applicable except in the specific instance for which it is given.

Amendment; Waiver. This No provision of this Agreement may not be modified, amended or waived in any manner, modified except by an a written instrument signed by all the Parties to this Agreement. A Party may, in its sole discretion, waive any and all rights granted to it in this Agreement; provided, that no waiver by any Party of any provision hereof shall be effective unless explicitly set forth in writing signed and executed by both parties heretothe Party so waiving. The waiver by either party any Party of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both all parties hereto. The No waiver by either one party hereto at any time of any breach by a party hereto or compliance with any condition or provision of this Agreement to be performed by the other such party shall not operate or will be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach by such party of a provision of this Agreementtime.

Amendment; Waiver. This Agreement may not be modifiedamended, amended altered, waived, or waived in any manner, superseded except by a written an instrument in writing signed by both parties heretothe Consultant and another of the Company. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a A waiver of any other breach of this Agreement, or the failure to enforce any term or provision of this Agreement, shall not in any way affect, limit, or of waive a Party’s rights to fully enforce the same or any subsequent breach by such party of a other term or provision of this AgreementAgreement in the future.

Amendment; Waiver. This Agreement may not be modified, amended amended, rescinded, canceled or waived waived, in any mannerwhole or in part, except by an instrument in writing signed by both parties heretowritten agreement of the parties. The waiver by failure of either party of to insist on compliance with any provision of this Agreement by the other party hereof shall not operate or be construed as constitute a waiver or modification of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementprovision.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any mannersupplemented, and no provisions hereof may be modified or waived, except by an instrument in writing signed by both of the parties hereto. The No waiver of any provisions hereof by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as deemed a waiver of any other provision of this Agreementprovisions hereof by such party, or nor shall any such waiver be deemed a continuing waiver of any subsequent breach provision hereof by such party of a provision of this Agreementparty.

Amendment; Waiver. This Neither this Agreement nor any provision hereof may not be amended, modified, amended or waived in any mannerwaived, except by an instrument in writing and signed by both parties heretoparties. The A waiver by either party of compliance with any breach or failure to enforce any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of in any other provision of this Agreementway affect, limit, or of waive a party’s rights hereunder at any subsequent breach by such party of a time to enforce strict compliance thereafter with every term or provision of this Agreement.

Amendment; Waiver. This Agreement may not be modifiedmodified only in writing, amended or waived in any manner, except by an instrument in writing signed executed by both parties heretoparties. The waiver by either party of compliance with a breach or violation of any provision of this Agreement by the other party shall not operate or be construed as to be a continuing waiver or a waiver of any subsequent breach of either the same or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both all the parties hereto. The waiver by either party of compliance with Failure to exercise any provision of this Agreement by the other party rights hereunder shall not operate or be construed as constitute a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementrights.

Amendment; Waiver. This Agreement may not be modifiedamended, amended modified or waived supplemented but only in any manner, except by an instrument in a writing signed by both parties heretothe Noteholder and the Company. The No waiver by either party of compliance with any provision of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the other party shall not operate claimed to have given or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementconsented thereto.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, manner except by an instrument in writing signed by both parties hereto. The waiver by either party hereto of compliance with any provision of this Agreement by the other party hereto shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or ----------------- waived in any manner, manner except by an instrument in writing signed by both parties heretoExecutive and the Company. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended modified or waived in superseded by any manner, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of other agreement between the Parties unless such agreement specifically and expressly states that it is intended to modify or supersede this Agreement by name. In the other party event any of the Parties hereto elects to waive a breach of this Agreement, the waiver must be in writing expressly stating that it is intended to operate as a waiver or modification of this Agreement, and the waiver of any one such breach shall not operate or be construed act as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretothe Employer and Employee. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended nor shall any provision hereof be waived or waived in any manneramended, except by an instrument in a writing duly signed by both parties heretoauthorized representatives of the Parties. The A waiver by either party of compliance with any provision of this Agreement by the other party respect to one event shall not operate or be construed as continuing, or as a bar to or waiver of any other provision of this Agreement, right or of any remedy as to subsequent breach by such party of a provision of this Agreementevents.

Amendment; Waiver. This Agreement may not be modifiedaltered, amended or waived in any manner, supplemented except by an instrument agreement in writing signed by both each of the parties hereto. The waiver by either party of compliance with any Any provision of this Agreement by may not be waived without a written instrument from the other waiving party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by with respect to each such party of a provision of this Agreementwaiver.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manneramended, except by an instrument in writing signed by both parties heretomutual written agreement of Executive and the Company and TSFG. The No waiver by either any party to this Agreement at any time of any breach by the other party of, or compliance with with, any condition or provision of this Agreement to be performed by the such other party shall not operate or be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other provision of this Agreement, prior or of any subsequent breach time. Any waiver to be effective must be in writing and signed by such the party of a provision of this Agreementagainst whom it is being enforced.

Amendment; Waiver. This Neither this Agreement nor any provision hereof may not be modifiedamended, amended modified or waived in any manner, except by an instrument in writing signed by both the parties hereto. The waiver by either failure or delay of any party to enforce or exercise any rights under any of compliance with any provision the provisions of this Agreement by the other party shall not operate or in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce or exercise any other rights under each and every provision of this Agreement, or Agreement in accordance with its terms. The rights and remedies herein provided shall be cumulative and not exclusive of any subsequent breach rights or remedies provided by such party of a provision of this Agreementlaw.

Amendment; Waiver. This Agreement may cannot be modifiedterminated, altered or amended or waived in any manner, except by pursuant to an instrument in writing signed by both parties hereto. The waiver by either party the each of compliance with Unitholder and the Optionholder, except that any provision of the terms or provisions of this Agreement may be waived in writing at any time by the other party shall not operate which is entitled to the benefits of such waived terms or be construed as a provisions. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver or any other provision of this Agreement, hereof (whether or of any subsequent breach by such party of a provision of this Agreementnot similar).

Amendment; Waiver. This Agreement may not be modifiedmodified or amended except by a writing duly signed by the authorized representatives of both Parties. Any waiver by any Party of any condition, amended or waived of the breach of any provision, term, covenant, representation or warranty contained in this Agreement, in any mannerone or more instances, except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate be deemed to be or be construed as a furthering or continuing waiver of any other provision of this Agreementsuch condition, or of the breach of any subsequent breach by such party of a provision of provision, term covenant, representation or warranty contained in this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except by an instrument in writing signed by both parties heretoor on behalf of each of the parties. The No waiver by either any party of compliance with any provision breach by any party of any of its obligations under this Agreement or any inaccuracy in any representation by the any party in this Agreement will be deemed to extend to any other party shall not operate breach or be construed as a waiver inaccuracy or affect in any way any rights arising by virtue of any other provision of this Agreement, breach or of any subsequent breach by such party of a provision of this Agreementinaccuracy.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except modified only by an a written instrument in writing signed executed by both the parties hereto. The waiver by either party of compliance with a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, modified except by an instrument in writing signed by both parties heretoparties. The waiver by either party Waiver of compliance with any provision term or condition of this Agreement by the other party shall will only be effective if in writing and will not operate or be construed as a waiver of any other provision subsequent breach or waiver of this Agreementthe same term or condition, or a waiver of any subsequent breach by such party of a provision other term or condition of this Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or waived in any manner, except only by an instrument in writing signed executed by both the parties hereto. The waiver by either party of compliance with any covenant, condition, or breach of any provision of this Agreement by the other party must be in writing and such waiver shall not operate or be construed as a waiver of any other provision of this Agreement, subsequent or of any subsequent breach by such party of a provision of this Agreementcontinuing condition.

Amendment; Waiver. This Agreement may not be modifiedreleased, amended changed or waived modified in any manner, except by an instrument in writing signed by both parties heretoyou and the Company. The waiver by failure of either party to enforce any of compliance with any provision the provisions of this Agreement by the other party shall not operate or in no way be construed as to be a waiver of any such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.

Amendment; Waiver. This Agreement may shall not be modifiedchanged, modified or amended or waived in any manner, respect except by an instrument in writing signed by both the mutual written agreement of the parties hereto. The Any provision of this Agreement may be waived in writing by the party which is entitled to the benefits thereof. No waiver by either party of compliance with any provision of this Agreement by the other party shall not operate be deemed to, or be construed as shall constitute a waiver of of, any other provision of this Agreementhereof or thereof (whether or not similar), or of nor shall any subsequent breach by such party of waiver constitute a provision of this Agreementcontinuing waiver.

Amendment; Waiver. This Agreement may not be modified, modified or amended or waived in any manner, manner except by an instrument in writing signed by both the parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of or a provision of this that Agreement.

Amendment; Waiver. This Agreement may not be modified, amended or ----------------- waived in any manner, manner except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a any provision of this Agreement.