Common use of AMENDMENTS; WAIVERS; REMEDIES Clause in Contracts

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 81 contracts

Samples: Executive Employment Agreement (ONCOSEC MEDICAL Inc), Executive Employment Agreement (WaferGen Bio-Systems, Inc.), Executive Employment Agreement (Wind River Systems Inc)

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AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing approved by the Board of Directors and signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 20 contracts

Samples: Executive Employment Agreement (Stevia First Corp.), Executive Employment Agreement (Derycz Scientific Inc), Executive Employment Agreement (Sunburst Acquisitions Iii Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative officer of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 19 contracts

Samples: Employment Agreement (Endocare Inc), Employment Agreement (Krystal Biotech, Inc.), Employment Agreement (Krystal Biotech, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany’s Board. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 16 contracts

Samples: Executive Employment Agreement (Cibus Global, Ltd.), Executive Employment Agreement (Cibus Global, Ltd.), Executive Employment Agreement (Calyxt, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 14 contracts

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

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived amended, and no provision of this Agreement may be waived, except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 9 contracts

Samples: Executive Employment Agreement (Western Magnesium Corp.), Employment Agreement (Wireless Holdings Inc), Employment Agreement (H2Diesel Holdings, Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 9 contracts

Samples: Employment Agreement (AEON Biopharma, Inc.), Employment Agreement (AEON Biopharma, Inc.), Employment Agreement (Game Plan Holdings, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 8 contracts

Samples: Employment Agreement (BioLineRx Ltd.), Employment Agreement (Infinium Labs Inc), Employment Agreement (BioLineRx Ltd.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party Party herein shall be cumulative and in addition to all other rights and remedies of the party Party hereunder or under applicable law.

Appears in 8 contracts

Samples: Executive Employment Agreement (Vape Holdings, Inc.), Executive Employment Agreement (Vape Holdings, Inc.), Executive Employment Agreement (Blue Chip Technologies Corp.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly duty authorized representative of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 8 contracts

Samples: Employment Agreement (Evolus, Inc.), Employment Agreement (Evolus, Inc.), Employment Agreement (Priveterra Acquisition Corp.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of each of the Company and HoldCo other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 7 contracts

Samples: Release Agreement (Fulgent Genetics, Inc.), Release Agreement (Fulgent Diagnostics, Inc.), Release Agreement (Fulgent Genetics, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative officer of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 6 contracts

Samples: Employment Agreement (Obagi Medical Products, Inc.), Employment Agreement (Obagi Medical Products, Inc.), Employment Agreement (Obagi Medical Products, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly an officer or director authorized representative of by the Company other than ExecutiveCompany’s Board which expressly references this Section. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 6 contracts

Samples: Executive Employment Agreement (Orange 21 Inc.), Executive Employment Agreement (Spy Inc.), Executive Employment Agreement (Orange 21 Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company and HoldCo other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 5 contracts

Samples: Employment Agreement (Fulgent Genetics, Inc.), Employment Agreement (Fulgent Genetics, Inc.), Employment Agreement (Fulgent Diagnostics, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveBoard of Directors. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 5 contracts

Samples: Ceo Employment Agreement (BBCN Bancorp Inc), Ceo Employment Agreement (Nara Bancorp Inc), Ceo Employment Agreement (BBCN Bancorp Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCEO. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 5 contracts

Samples: Escrow Agreement (Catcher Holdings, Inc), Executive Employment Agreement (Catcher Holdings, Inc), Executive Employment Agreement (Catcher Holdings, Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights right or remedies specified for a party herein shall be cumulative and in addition to all other rights right and remedies of the party hereunder or under applicable law.

Appears in 4 contracts

Samples: Executive Employment Agreement (SAB Biotherapeutics, Inc.), Executive Employment Agreement (SAB Biotherapeutics, Inc.), Executive Employment Agreement (SAB Biotherapeutics, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived amended, and no provision of this Agreement may be waived, except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 4 contracts

Samples: Employment Agreement (Midas Medici Group Holdings, Inc.), Employment Agreement (Maven Media Holdings, Inc.), Employment Agreement (Maven Media Holdings, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived amended, and no provision of this Agreement may be waived, except by a in writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 3 contracts

Samples: Executive Employment Agreement (Western Magnesium Corp.), Executive Employment Agreement (Western Magnesium Corp.), Executive Employment Agreement (Western Magnesium Corp.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company Bank other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 3 contracts

Samples: Employment Agreement (East West Bancorp Inc), Employment Agreement (East West Bancorp Inc), Severance Agreement (East West Bancorp Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative the Board of the Company other than ExecutiveDirectors. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 3 contracts

Samples: Change in Control Agreement (Nara Bancorp Inc), Change in Control Agreement (Nara Bancorp Inc), Change in Control Agreement (Nara Bancorp Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly duty authorized representative officer of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 3 contracts

Samples: Employment Agreement (Evolus, Inc.), Employment Agreement (Evolus, Inc.), Employment Agreement (Evolus, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executivewhich is approved by the Board of Directors of the Parent. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 3 contracts

Samples: Employment Agreement (Mobileye N.V.), Employment Agreement (Mobileye N.V.), Employment Agreement (Mobileye N.V.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 2 contracts

Samples: Retention Agreement (Raptor Networks Technology Inc), Retention Agreement (Raptor Networks Technology Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany’s Board. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.. Employee Initials: /s/ MHT Employer’s Initials: /s/ JDB

Appears in 2 contracts

Samples: Executive Employment Agreement (Talend SA), Executive Employment Agreement (Talend SA)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing approved by the Board of Directors and signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 2 contracts

Samples: Employment Agreement (Stevia First Corp.), Employment Agreement (Stevia First Corp.)

AMENDMENTS; WAIVERS; REMEDIES. This Letter Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Letter Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Letter Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 2 contracts

Samples: Letter Agreement (Oxis International Inc), Letter Agreement (Oxis International Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative officer of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law. 8.

Appears in 2 contracts

Samples: Employment Agreement (Krystal Biotech, Inc.), Employment Agreement (Krystal Biotech, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly Board-authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Ultragenyx Pharmaceutical Inc.), Executive Employment Agreement (Ultragenyx Pharmaceutical Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by the Executive and by a duly authorized representative of the Company other than the Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Novus Therapeutics, Inc.), Executive  employment  agreement (Novus Therapeutics, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative representatives of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party Party herein shall be cumulative and in addition to all other rights and remedies of the party Party hereunder or under applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Zenlabs Holdings Inc), Executive Employment Agreement (Zenlabs Holdings Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Consultant and by a duly authorized representative officer of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party Party herein shall be cumulative and in addition to all other rights and remedies of the party Party hereunder or under applicable law.

Appears in 2 contracts

Samples: Consulting Agreement (Endocare Inc), Separation Agreement (Endocare Inc)

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AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing approved by the Board of Directors of each of the Company and Research Solutions and signed by Executive and by a duly authorized representative of the Company and Research Solutions other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Research Solutions, Inc.), Executive Employment Agreement (Research Solutions, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Subject to Section XV below, this Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Glenborough Realty Trust Inc), Executive Employment Agreement (Glenborough Realty Trust Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by the Executive and by a duly authorized representative of the Company Employer other than the Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Cybersource Corp)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.. ​

Appears in 1 contract

Samples: Employment Agreement (Priveterra Acquisition Corp.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing approved by the Company and signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Vitality Biopharma, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company and Bio Check other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Oxis International Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executiveparties hereto. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Kintera Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived amended, and no provision of this Agreement may be waived, except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Employee Employment Agreement (Oncovista Innovative Therapies, Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveCompany’s President. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Catcher Holdings, Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall will not constitute a waiver of such right. Any waiver of any breach of this Agreement shall will not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall will be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Credence Systems Corp)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Xx. Xxxxxxxx and by a duly authorized representative officer of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party Party herein shall be cumulative and in addition to all other rights and remedies of the party Party hereunder or under applicable law.

Appears in 1 contract

Samples: Separation Agreement (Crdentia Corp)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than ExecutiveBoard or the Company’s Chief Executive Officer. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Tritium DCFC LTD)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.. ​

Appears in 1 contract

Samples: Employment Agreement (Priveterra Acquisition Corp.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveEmployee. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or ​ ​ remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Priveterra Acquisition Corp.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly an officer or director authorized representative of by the Company other than ExecutiveCompany’s Board. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Orange 21 Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative officer of the Company other than Executivewith the approval of a super majority of the Board. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Redenvelope Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative of the Company other than ExecutiveCEO or the Board. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Leapfrog Enterprises Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Employee and by a duly authorized representative officer of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in sf-3750204 KBca addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Krystal Biotech, Inc.)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Mx. Xxxxx and by a duly authorized representative officer of the Company other than ExecutiveCompany. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party Party herein shall be cumulative and in addition to all other rights and remedies of the party Party hereunder or under applicable law.

Appears in 1 contract

Samples: Separation Agreement (Endocare Inc)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by the Executive and by a duly authorized representative of the Company Parent other than the Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Non Competition and Non Solicitation Agreement (Cybersource Corp)

AMENDMENTS; WAIVERS; REMEDIES. This Agreement may not be amended or waived except by a writing signed by Executive Consultant and by a duly authorized representative of the Company other than ExecutiveConsultant. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

Appears in 1 contract

Samples: Consulting Agreement (GoFish Corp.)

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