Common use of Entire Agreement; Amendments; Waivers Clause in Contracts

Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matter. It may not be changed orally, but only by agreement, in writing, signed by each of the parties hereto. The terms or covenants of this Agreement may be waived only by a written instrument specifically referring to this Agreement, executed by the party waiving compliance. The failure of the Company at any time, or from time to time, to require performance of any of Employee's obligations under this Agreement shall in no manner affect the Company's right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 6 contracts

Samples: Employment Agreement (Datatrak International Inc), Employment Agreement (Datatrak International Inc), Employment Agreement (Datatrak International Inc)

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Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matter. It may not be changed orally, but only by agreement, in writing, signed by each of the parties hereto. The terms or covenants of this Agreement may be waived only by a written instrument specifically referring to this Agreement, executed by the party waiving compliance. The failure of the Company at any time, or from time to time, to require performance of any of Employee's ’s obligations under this Agreement shall in no manner affect the Company's ’s right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 3 contracts

Samples: Employment Agreement (Datatrak International Inc), Employment Agreement (Datatrak International Inc), Employment Agreement (Installed Building Products, Inc.)

Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matterhereof. It may not be changed orally, orally but only by agreement, in writing, a written agreement signed by each Executive and an officer of the parties heretoCompany specifically designated by the Board of Directors of the Company to execute such amendment. The terms or covenants of this Agreement may be waived only by a written instrument specifically referring to this Agreement, Agreement and executed by the party waiving compliance. The failure of the Company at any time, time or from time to time, time to require performance of any of Employee's Executive’s obligations under this Agreement shall in no manner affect the Company's ’s right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 2 contracts

Samples: And Noncompetition Agreement (Geo Specialty Chemicals Inc), And Noncompetition Agreement (Geo Specialty Chemicals Inc)

Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matterhereof. It may not be changed orally, orally but only by agreement, in writing, a written agreement signed by each Executive and an officer of the parties heretoCompany specifically designated by the Board of Directors of the Company to execute such amendment. The terms or covenants of this Agreement may be waived only by a written instrument specifically referring to this Agreement, Agreement and executed by the party waiving compliance. The failure of the Company at any time, time or from time to time, time to require performance of any of EmployeeExecutive's obligations under this Agreement shall in no manner affect the Company's right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 2 contracts

Samples: Employment and Noncompetition Agreement (Geo Specialty Chemicals Inc), Employment and Noncompetition Agreement (Geo Specialty Chemicals Inc)

Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof parties, and replaces or supersedes any previous agreement on such subject matterand all prior agreements, understandings or representations, oral or written. It may not be changed orally, but only by agreementexpress terms, in writing, signed by each of the parties heretoand approved by the President of the Company. The terms or covenants of paragraphs 8, 9, 10, 11 and/or 12 of this Agreement may be waived only by a written instrument specifically referring to this Agreement, and executed by the party waiving compliance. The failure of the Company at any time, time or from time to time, time to require performance of any of Employee's ’s obligations under this Agreement shall in no manner affect the Company's ’s right to enforce any provisions of this Agreement at a subsequent time; , and the waiver by the Company of any right arising out our of any breach shall not be construed as a waiver of any right arising out our of any subsequent breach.

Appears in 2 contracts

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

Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matter. It may not be changed orally, but only by agreement, in writing, signed by each of the parties hereto. The terms or covenants of this Agreement may be waived only by Only a written instrument specifically referring to this Agreement, executed by the party waiving compliance, may waive the terms or covenants of this Agreement. The failure of the Company at any time, or from time to time, to require performance of any of Employee's obligations under this Agreement shall in no manner affect the Company's right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Datatrak International Inc)

Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matterhereof. It If may not be changed orally, but only by an agreement, in writing, signed by each Executive and an officer of the parties heretoCompany specifically designated by the Board of Directors of the Company to execute such amendment. The terms or covenants of this Agreement may be waived only by a written instrument specifically referring to this Agreement, executed by the party waiving compliance. The failure of the Company at any time, time or from time to time, time to require performance of any of EmployeeExecutive's obligations under this Agreement shall in no manner affect the Company's right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Chart Industries Inc)

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Entire Agreement; Amendments; Waivers. This Agreement contains the ------------------------------------- entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matterhereof. It may not be changed orally, orally but only by agreement, in writing, a written agreement signed by each Executive and an officer of the parties heretoCompany specifically designated by the Board of Directors of the Company to execute such amendment. The terms or covenants of this Agreement may be waived only by a written instrument specifically referring to this Agreement, Agreement and executed by the party waiving compliance. The failure of the Company at any time, time or from time to time, time to require performance of any of EmployeeExecutive's obligations or agreements under this Agreement shall in no manner affect the Company's right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Brass Eagle Inc)

Entire Agreement; Amendments; Waivers. This Agreement Contract contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matterhereof. It This Contract may not be validly changed orally, but only by agreement, in writing, signed by each of the parties hereto. The terms or covenants of this Agreement Contract, including this provision, may be waived only by a written instrument specifically referring to this AgreementContract, executed by the party waiving compliance. The failure of the Company at any time, or from time to time, to require performance of any of Employee's Xx. Xxxxx'x obligations under this Agreement Contract shall in no manner affect the Company's right to enforce any provisions of this Agreement Contract at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 1 contract

Samples: Managing Director Employment Agreement (Datatrak International Inc)

Entire Agreement; Amendments; Waivers. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matter. It may not be changed orally, but only by agreement, in writing, signed by each of the parties hereto. The terms or covenants of this Agreement may be waived only by be a written instrument specifically referring to this Agreement, executed by the party waiving compliance. The failure of the Company at any time, or from time to time, to require performance of any of EmployeeExecutive's obligations under this Agreement shall in no manner affect the Company's right to enforce any provisions of this Agreement at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Elcom International Inc)

Entire Agreement; Amendments; Waivers. This Agreement Contract contains the entire agreement between the parties hereto with respect to the subject matter hereof and replaces or supersedes any previous agreement on such subject matterhereof. It This Contract may not be validly changed orally, but only by agreement, in writing, signed by each of the parties hereto. The terms or covenants of this Agreement Contract, including this provision, may be waived only by a written instrument specifically referring to this AgreementContract, executed by the party waiving compliance. The failure of the Company at any time, or from time to time, to require performance of any of Employee's obligations Dr. Xxxxx'x xxxigations under this Agreement Contract shall in no manner affect the Company's right to enforce any provisions of this Agreement Contract at a subsequent time; and the waiver by the Company of any right arising out of any breach shall not be construed as a waiver of any right arising out of any subsequent breach.

Appears in 1 contract

Samples: Managing Director (Datatrak International Inc)

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