Common use of Modification and No Waiver of Breach Clause in Contracts

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.

Appears in 13 contracts

Samples: Employment Agreement (American Tire Distributors Holdings, Inc.), Employment Agreement (Am-Pac Tire Dist. Inc.), Employment Agreement (Am-Pac Tire Dist. Inc.)

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Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.

Appears in 12 contracts

Samples: Employment Agreement (Werner Holding Co Inc /De/), Employment Agreement (Werner Holding Co Inc /Pa/), Employment Agreement (Werner Holding Co Inc /De/)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.211.2.

Appears in 5 contracts

Samples: Employment Agreement (CCC Intelligent Solutions Holdings Inc.), Employment Agreement (CCC Intelligent Solutions Holdings Inc.), Employment Agreement (Dragoneer Growth Opportunities Corp.)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.210.7.

Appears in 5 contracts

Samples: Restricted Stock Agreement (CSK Auto Corp), Restricted Stock Agreement (CSK Auto Corp), Restricted Stock Agreement (CSK Auto Corp)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved writing signed by the Board and parties hereto. No waiver or modification of this Agreement shall be binding unless it is in writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.29.3.

Appears in 5 contracts

Samples: Employment Agreement (Credit Store Inc), Employment Agreement (Credit Store Inc), Employment Agreement (Credit Store Inc)

Modification and No Waiver of Breach. No waiver or modification ------------------------------------ of this Agreement shall be binding unless it is in writing, approved by the Board and signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.29.2.

Appears in 4 contracts

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

Modification and No Waiver of Breach. No waiver or modification ------------------------------------ of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2Section.

Appears in 3 contracts

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

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.12.2

Appears in 3 contracts

Samples: Management Services Agreement (New Found Gold Corp.), Management Services Agreement (New Found Gold Corp.), Management Services Agreement (New Found Gold Corp.)

Modification and No Waiver of Breach. No waiver waiver, amendment, or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.28.3.

Appears in 3 contracts

Samples: Employment Agreement (CCM Manufacturing Technologies Inc), Employment Agreement (CCM Manufacturing Technologies Inc), Employment Agreement (CCM Manufacturing Technologies Inc)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.12.3

Appears in 3 contracts

Samples: Management Services Agreement (White Knight Resources Ltd.), Management Services Agreement (White Knight Resources Ltd.), Management Services Agreement (White Knight Resources Ltd.)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2Section.

Appears in 2 contracts

Samples: Employment Agreement (Internet Pictures Corp), Employment Agreement (Internet Pictures Corp)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.extent

Appears in 2 contracts

Samples: Employment Agreement (Prime Service Inc), Employment Agreement (Primeco Inc)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.210.8.

Appears in 2 contracts

Samples: Restricted Stock Agreement (CSK Auto Corp), Restricted Stock Agreement (CSK Auto Corp)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.29.4.

Appears in 1 contract

Samples: Employment Agreement (Camelot Music Holdings Inc)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.211.4.

Appears in 1 contract

Samples: Employment Agreement (CCC Intelligent Solutions Holdings Inc.)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.210.2.

Appears in 1 contract

Samples: Executive Employment Agreement (BriaCell Therapeutics Corp.)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.29.2.

Appears in 1 contract

Samples: Employment Agreement (Werner Holding Co Inc /Pa/)

Modification and No Waiver of Breach. No waiver or modification ------------------------------------ of this Agreement shall be binding unless it is in writing, approved by the Board and signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.

Appears in 1 contract

Samples: Employment Agreement (Sailors Inc)

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Modification and No Waiver of Breach. No waiver or modification ------------------------------------ of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.13.6

Appears in 1 contract

Samples: Employment Agreement (Ariel Corp)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.25.5.

Appears in 1 contract

Samples: Stock Award Agreement (Horton D R Inc /De/)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.29.3.

Appears in 1 contract

Samples: Employment Agreement (Prime Service Inc)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.27.3.

Appears in 1 contract

Samples: Employment Agreement (Prime Service Inc)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.29.7.

Appears in 1 contract

Samples: Employment Agreement (CSK Auto Corp)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.210.2.

Appears in 1 contract

Samples: Employment Agreement (Werner Holding Co Inc /De/)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. hereto No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2Section.

Appears in 1 contract

Samples: Employment Agreement (Ipix Corp)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.11.3

Appears in 1 contract

Samples: Management Services Agreement (White Knight Resources Ltd.)

Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing, approved by the Board and signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2.

Appears in 1 contract

Samples: Employment Agreement (American Tire Distributors Holdings, Inc.)

Modification and No Waiver of Breach. No waiver or modification ------------------------------------ of this Agreement shall be binding unless it is in writing, approved by the Board of Directors of the Company and signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.26(h).

Appears in 1 contract

Samples: Call Agreement (Sailors Inc)

Modification and No Waiver of Breach. No waiver or modification ------------------------------------ of this Agreement shall be binding unless it is in writing, approved by the Board and writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section 8.2Section.

Appears in 1 contract

Samples: Employment Agreement (Bamboo Com Inc)

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