Common use of Amendment; Waiver Clause in Contracts

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is sought. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 163 contracts

Samples: Employment Agreement (Target Hospitality Corp.), Employment Agreement (Biomet Inc), Employment Agreement (Ambac Financial Group Inc)

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Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 64 contracts

Samples: Executive Retention Agreement (Laureate Education, Inc.), Employment Agreement (Genaera Corp), Executive Retention Agreement (Arbitron Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the No waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the Agreement shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature. The failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, hereunder shall thereafter not be construed as a waiver of any such provisions, rights or privileges hereunder, or a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 13 contracts

Samples: Employment Agreement (Healthcare Trust of America Holdings, LP), Employment Agreement (Healthcare Trust of America Holdings, LP), Employment Agreement (Healthcare Trust of America Holdings, LP)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one (1) or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 13 contracts

Samples: Employment Agreement (American Public Education Inc), Employment Agreement (American Public Education Inc), Employment Agreement (American Public Education Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either any of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either any of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 12 contracts

Samples: Consultant Services Agreement (Cdex Inc), Executive Services Agreement (Cdex Inc), Services Agreement (Cdex Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is sought. Neither the waiver by either any of the parties hereto Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure of either any of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 11 contracts

Samples: Employment Agreement (Hayward Holdings, Inc.), Employment Agreement (Hayward Holdings, Inc.), Employment Agreement (Hayward Holdings, Inc.)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunderhereunder .

Appears in 11 contracts

Samples: Employment Agreement (Central European Distribution Corp), Employment Agreement (Central European Distribution Corp), Employment Agreement (Central European Distribution Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 10 contracts

Samples: American Public University (American Public Education Inc), Employment Agreement (American Public Education Inc), American Public University (American Public Education Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtall parties. Neither the waiver by either any of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights rights, or privileges hereunderprivileges.

Appears in 10 contracts

Samples: Employment Agreement (USA Mobility, Inc), Executive Employment Agreement (Spok Holdings, Inc), Executive Employment Agreement (Spok Holdings, Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or ----------------- modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 10 contracts

Samples: Employment Agreement (Dimension Data Holdings PLC), Employment Agreement (Dimension Data Holdings PLC), Employment Agreement (Answer Think Consulting Group Inc)

Amendment; Waiver. This Agreement shall will not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the No waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the Agreement will thereafter be construed as a waiver of any subsequent breach or default of a similar nature. The failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter hereunder will not be construed as a waiver of any such provisions, rights or privileges hereunder, or a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 9 contracts

Samples: Employment Agreement (Conexant Systems Inc), Employment Agreement (Conexant Systems Inc), Employment Agreement (Conexant Systems Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party Party against whom enforcement is sought. Neither the waiver by either of the parties Parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 8 contracts

Samples: Employment Agreement (Southland Holdings, Inc.), Employment Agreement (Legato Merger Corp. Ii), Employment Agreement (Southland Holdings, Inc.)

Amendment; Waiver. This Agreement shall will not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall will thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 7 contracts

Samples: Employment Agreement (HireRight Holdings Corp), Employment Agreement (HireRight Holdings Corp), Employment Agreement (HireRight Holdings Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach breach- or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 7 contracts

Samples: Employment Agreement (Osiris Therapeutics, Inc.), Employment Agreement (Osiris Therapeutics, Inc.), Separation and Release Agreement (Osiris Therapeutics, Inc.)

Amendment; Waiver. This Agreement shall may not be amended, altered altered, or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall will thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights rights, or privileges hereunder.

Appears in 5 contracts

Samples: Letter Agreement (Conexant Systems Inc), Separation and Release Agreement (Conexant Systems Inc), Letter Agreement (Conexant Systems Inc)

Amendment; Waiver. This Agreement shall not be amended, altered ------------------ or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either any of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either any of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 4 contracts

Samples: Executive Services Agreement (Loch Harris Inc), Consultant Services Agreement (Loch Harris Inc), Services Agreement (Loch Harris Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtParties hereto. Neither the waiver by either of the parties Parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 3 contracts

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

Amendment; Waiver. This Agreement shall not be amended, altered ---------------- altered, or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 3 contracts

Samples: Severance Compensation Agreement (Cordis Corp), Severance Compensation Agreement (Cordis Corp), Severance Compensation Agreement (Cordis Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtboth parties. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights rights, or privileges hereunderprivileges.

Appears in 3 contracts

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

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is sought. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.. 

Appears in 3 contracts

Samples: Employment Agreement (Tutor Perini Corp), Employment Agreement (TUTOR PERINI Corp), Separation Benefits Agreement (Tutor Perini Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the No waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the Agreement shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature. The failure of either of the partiesparties hereto, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, hereunder shall thereafter not be construed as a waiver of any such provisions, rights or privileges hereunder, or a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Healthcare Trust of America Holdings, LP), Employment Agreement (Healthcare Trust of America, Inc.)

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Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtall parties to this Agreement. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 2 contracts

Samples: Separation Agreement (Ambac Financial Group Inc), Separation Agreement (Ambac Financial Group Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the No waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature. The failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter not be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder, or a waiver of any subsequent breach or default of similar nature.

Appears in 2 contracts

Samples: Employment Agreement (Conexant Systems Inc), Employment Agreement (Conexant Systems Inc)

Amendment; Waiver. This Agreement shall not be amended, altered ----------------- or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Central European Distribution Corp), Employment Agreement (Central European Distribution Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege privileges hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Employment Agreement (Price Communications Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or ----------------- modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Employment Agreement (Danaher Corp /De/)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtExecutive and by an authorized officer of the Company (other than Executive). Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Executive Employment Agreement (Marizyme Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified ----------------- except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Employment Agreement (Central European Distribution Corp)

Amendment; Waiver. This Agreement shall not be amended, ----------------- altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Employment Agreement (Central European Distribution Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtCompany and the Executive. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Employment Agreement (Cosi Inc)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by each of the party against whom enforcement is soughtParties. Neither the waiver by either of the parties hereto Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Executive Employment Agreement (Gemplus International Sa)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is sought. Neither the waiver by either any of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either any of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Employment Agreement (Tronox LTD)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.

Appears in 1 contract

Samples: Interim Employment Agreement (Central European Distribution Corp)

Amendment; Waiver. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by the party against whom enforcement is soughtparties hereto. Neither the waiver by either any of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either any of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder.. 13.8

Appears in 1 contract

Samples: Employment Agreement (Cdex Inc)

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