Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1235 contracts

Samples: Form of Indemnification Agreement (Lordstown Motors Corp.), Indemnification Agreement (Combinatorx, Inc), Agreement for Advisory Services (Clark Holdings Inc.)

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Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1207 contracts

Samples: Indemnification Agreement (GlobalOptions Group, Inc.), Indemnification Agreement (Population Health Investment Co., Inc.), Indemnification Agreement (Allegiant Travel CO)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 364 contracts

Samples: Indemnification Agreement (International Rectifier Corp /De/), Indemnification Agreement (Norwegian Cruise Line Holdings Ltd.), Indemnification Agreement (FusionStorm Global, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 300 contracts

Samples: Indemnification Agreement (Mosaic Co), Indemnity Agreement (Treehouse Partners CORP), Change in Control Agreement (Symantec Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) provision of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 283 contracts

Samples: Indemnification Agreement (Spark Energy, Inc.), Form of Indemnification Agreement (Atlas Energy Solutions Inc.), Indemnification Agreement (Parsley Energy, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor nor, unless otherwise expressly stated, shall such waiver constitute a continuing waiver.

Appears in 252 contracts

Samples: Form of Indemnification Agreement (Global Net Lease, Inc.), Indemnification Agreement (Healthcare Trust, Inc.), Indemnification Agreement (Reven Housing REIT, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be is binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall constitute constitutes a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such will any waiver constitute a continuing waiver.

Appears in 167 contracts

Samples: Indemnification and Advancement Agreement (Good Works Acquisition Corp.), Indemnification Agreement (Crinetics Pharmaceuticals, Inc.), Indemnification and Advancement Agreement (EngageSmart, LLC)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 103 contracts

Samples: Indemnity Agreement (Cadence Design Systems Inc), Indemnity Agreement (RPM Dental, Inc.), Indemnity Agreement (Cadence Design Systems Inc)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 79 contracts

Samples: Indemnification Agreement (First Advantage Corp), Indemnification Agreement (PBF Energy Inc.), Indemnification Agreement (Office Depot Inc)

Modification and Waiver. No supplement, modification or amendment amendment, or waiver of any provision, of this Agreement shall be binding unless executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 70 contracts

Samples: Indemnification Agreement (Omega Flex, Inc.), Indemnification Agreement (MRC Global Inc.), Indemnification Agreement (Acorn Energy, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed it is in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 66 contracts

Samples: Indemnity Agreement (Jack in the Box Inc /New/), Indemnity Agreement (Convio, Inc.), Form of Indemnification Agreement (Daegis Inc.)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 62 contracts

Samples: Indemnification Agreement (Equity Residential), Indemnification Agreement (Art Technology Group Inc), Indemnification Agreement (Hines Global REIT, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall and except as expressly provided herein, no such waiver shall constitute a continuing waiver.

Appears in 57 contracts

Samples: Indemnity Agreement (Aeluma, Inc.), Indemnity Agreement (Green Dot Corp), Indemnity Agreement (Andalay Solar, Inc.)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 47 contracts

Samples: Share Exchange Agreement (Vortex Blockchain Technologies Inc.), Share Exchange Agreement (Greater Cannabis Company, Inc.), Indemnity Agreement (Inter Tel Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to, or shall shall, constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 44 contracts

Samples: Indemnification Agreement (Industrial Logistics Properties Trust), Form of Indemnification Agreement (Wheeler Real Estate Investment Trust, Inc.), Indemnification Agreement (Five Star Senior Living Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 44 contracts

Samples: Governance Agreement, Director Indemnification Agreement (Mastercard Inc), Employment Agreement (MVB Financial Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other of the provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any provision of this Agreement shall be effective unless executed in writing.

Appears in 33 contracts

Samples: Indemnification Agreement (Legalzoom Com Inc), Indemnification Agreement (RealD Inc.), Indemnification Agreement (Heska Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 28 contracts

Samples: Indemnification Agreement (Medicis Pharmaceutical Corp), Indemnification Agreement (MHR Capital Partners Master Account LP), Director’s Indemnification Agreement (Virbac Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 25 contracts

Samples: Indemnification Agreement (Harbin Electric, Inc), Indemnity Agreement (Verecloud, Inc.), Indemnification Agreement (Harbin Electric, Inc)

Modification and Waiver. No supplement, modification modification, waiver, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 25 contracts

Samples: Indemnification Agreement (BOISE CASCADE Co), Indemnification Agreement (Cision Ltd.), Indemnification Agreement (Dorchester Capital Acquisition Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.;

Appears in 24 contracts

Samples: Indemnification Agreement (Talos Energy Inc.), Form of Indemnification Agreement (Talos Energy Inc.), Indemnification Agreement (Talos Energy Inc.)

Modification and Waiver. No supplement, modification or amendment of ----------------------- this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 23 contracts

Samples: Indemnity Agreement (Globenet Communications Group LTD), Agreement (Vencor Inc), Indemnity Agreement (Globenet Communications Group LTD)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver.

Appears in 23 contracts

Samples: Indemnity Agreement (Appian Corp), Indemnity Agreement (Harpoon Therapeutics, Inc.), Indemnity Agreement (Roivant Sciences Ltd.)

Modification and Waiver. No supplement, modification modification, termination, or amendment of this Agreement shall will be binding unless executed in writing by both each of the parties heretoparties. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall will such waiver constitute a continuing waiver. This Agreement cannot be modified or amended, or any provision of this Agreement waived, by course of conduct.

Appears in 22 contracts

Samples: Indemnification Agreement (ROC Energy Acquisition Corp.), Indemnification Agreement (Berry Petroleum Corp), Indemnification Agreement (Idearc Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver wavier of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 21 contracts

Samples: Indemnity Agreement (Trump Entertainment Resorts Holdings Lp), Indemnification Agreement (TransMedics Group, Inc.), Indemnity Agreement (Trump Entertainment Resorts Holdings Lp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or of not similar) nor shall such waiver constitute a continuing waiver.

Appears in 20 contracts

Samples: Indemnification Agreement (Microsemi Corp), Indemnification Agreement (Achieve Life Sciences, Inc.), Securities Purchase Agreement (Endologix Inc /De/)

Modification and Waiver. No supplement, modification modification, termination, amendment or amendment waiver of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver.

Appears in 19 contracts

Samples: Indemnity Agreement (Infinite Group Inc), Indemnity Agreement (OmniLit Acquisition Corp.), Indemnity Agreement (OmniLit Acquisition Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 18 contracts

Samples: Agreement (Argentex Mining Corp), Indemnification Agreement (Argentex Mining Corp), Independent Contractor Agreement (Argentex Mining Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 17 contracts

Samples: Indemnification Agreement (Reis, Inc.), Indemnification Agreement (Bloomios, Inc.), Indemnification Agreement (Bloomios, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any provision of this Agreement shall be effective unless executed in writing.

Appears in 17 contracts

Samples: Indemnification Agreement (Cimarex Energy Co), Indemnification Agreement (Cimarex Energy Co), Indemnification Agreement (Cimarex Energy Co)

Modification and Waiver. No supplement, amendment or modification of the terms or amendment provisions of this Agreement shall be binding unless executed the same shall be in writing and duly executed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provisions hereof (whether hereof. No delay on the part of any party in exercising any right, power or not similar) nor privilege hereunder shall such operate as a waiver constitute a continuing waiverthereof.

Appears in 17 contracts

Samples: Voting Agreement (Softbank Holdings Inc Et Al), Voting Agreement (Softbank Holdings Inc Et Al), Securities Purchase Agreement (Aasche Transportation Services Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of to this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 16 contracts

Samples: Indemnification Agreement (Lionheart III Corp), Indemnification Agreement (Antares Pharma, Inc.), Indemnification Agreement (Antares Pharma, Inc.)

Modification and Waiver. No supplement, modification or amendment of to this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 15 contracts

Samples: Indemnification Agreement (Riggs National Corp), Indemnification Agreement (Riggs National Corp), Indemnification Agreement (Riggs National Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by both all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 15 contracts

Samples: Director Indemnification Agreement (Susser Petroleum Partners LP), Form of Indemnification Agreement (Forum Energy Technologies, Inc.), Form of Director Indemnification Agreement (Memorial Production Partners LP)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed it is in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not even if similar) nor shall such waiver constitute a continuing waiver.

Appears in 15 contracts

Samples: Indemnification Agreement (CF Finance Acquisition Corp. III), Indemnification Agreement (On24 Inc), Indemnification Agreement (ECP Environmental Growth Opportunities Corp.)

Modification and Waiver. No supplement, modification or ----------------------- amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 14 contracts

Samples: Indemnification Agreement (At Home Corp), Indemnification Agreement (National Golf Properties Inc), Indemnification Agreement (Northrop Grumman Corp /De/)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 14 contracts

Samples: Indemnity Agreement (Procyte Corp /Wa/), Indemnity Agreement (Petroteq Energy Inc.), Indemnity Agreement (Akanda Corp.)

Modification and Waiver. No supplement, modification or amendment of to this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 13 contracts

Samples: Indemnification Agreement (Columbia Laboratories Inc), Employment Agreement (Columbia Laboratories Inc), Employment Agreement (Columbia Laboratories Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 13 contracts

Samples: Form of Indemnification Agreement (Commercial Vehicle Group, Inc.), Indemnification Agreement (Integrated Circuit Systems Inc), Indemnification Agreement (Integrated Circuit Systems Inc)

Modification and Waiver. No supplement, supplement to or modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall provision hereof will be deemed or shall will constitute a waiver of any other provisions hereof (provision hereof, whether or not similar) , nor shall will any such waiver constitute a continuing waiver.

Appears in 13 contracts

Samples: Form of Indemnification Agreement (K-Sea Transportation Partners Lp), Indemnification Agreement (Lubys Inc), Indemnification Agreement (Oceaneering International Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be is binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall to constitute a waiver of any other provisions hereof (whether or not similar) provision of this Agreement nor shall such will any waiver constitute a continuing waiver.

Appears in 12 contracts

Samples: Form of Indemnification Agreement (TruGolf Holdings, Inc.), Indemnification and Advancement Agreement (Neumora Therapeutics, Inc.), Indemnification and Advancement Agreement (Mineralys Therapeutics, Inc.)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Samples: Employment Agreement (Wizard Brands, Inc.), Indemnification Agreement (Microphase Corp), Indemnification Agreement (Derycz Scientific Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a binding unless executed in writing by the person making the waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Samples: Indemnification Agreement (Integrated Electrical Services Inc), Indemnification Agreement (Integrated Electrical Services Inc), Indemnification Agreement (Lexicon Genetics Inc/Tx)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed it is in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 12 contracts

Samples: Form of Indemnification Agreement (Premier, Inc.), Indemnity Agreement (Laureate Education, Inc.), Form of Indemnity Agreement (Marchex Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 12 contracts

Samples: Indemnification Agreement (Seasons Series Trust), Indemnification Agreement (Seasons Series Trust), Indemnification Agreement (Sunamerica Series Trust)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such any waiver constitute a continuing waiver, unless expressly stated in any waiver.

Appears in 11 contracts

Samples: Indemnity Agreement (Stancorp Financial Group Inc), Indemnity Agreement (Radisys Corp), Indemnity Agreement (Precision Castparts Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 11 contracts

Samples: Indemnification Agreement (Workhorse Group Inc.), Indemnification Agreement (Ipsidy Inc.), Indemnification Agreement (Gopher Protocol Inc.)

Modification and Waiver. No supplement, supplement to or modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall will constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall will any such waiver constitute a continuing waiver.

Appears in 11 contracts

Samples: Form of Indemnification Agreement (Us Concrete Inc), Indemnification Agreement (Copano Energy, L.L.C.), Indemnification Agreement (Us Concrete Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not nor similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Samples: Officer Indemnity Agreement (Hill-Rom Holdings, Inc.), Officer Indemnity Agreement (Batesville Holdings, Inc.), Officer Indemnity Agreement (Hill-Rom Holdings, Inc.)

Modification and Waiver. No supplement, modification or amendment amendment, or waiver of any provision, of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 10 contracts

Samples: Indemnification Agreement (McJunkin Red Man Holding Corp), Indemnification Agreement (ESH Hospitality, Inc.), Manager Indemnification Agreement (PSAV, Inc.)

Modification and Waiver. (a) No supplementamendment, modification modification, supplementation, or amendment repeal of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Samples: Form of Indemnification Agreement (Orthofix Medical Inc.), Indemnification Agreement (Orthofix Medical Inc.), Indemnification Agreement (Liquidity Services Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 10 contracts

Samples: Indemnification Agreement (Federal Home Loan Bank of San Francisco), Indemnification Agreement (Federal Home Loan Bank of San Francisco), Indemnification Agreement (Federal Home Loan Bank of San Francisco)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such waiver constitute a continuing waiver.

Appears in 9 contracts

Samples: Indemnification Agreement (State Auto Financial CORP), Officer Indemnification Agreement (State Auto Financial CORP), Officer Indemnification Agreement (State Auto Financial CORP)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver wavier constitute a continuing waiver.

Appears in 9 contracts

Samples: Indemnification Agreement (Roundy's, Inc.), Indemnification Agreement (New Home Co LLC), Indemnification Agreement (TRI Pointe Homes, LLC)

Modification and Waiver. No supplement, modification or ----------------------- amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 9 contracts

Samples: Indemnity Agreement (Commerx Inc), Indemnity Agreement (Oni Systems Corp), Indemnity Agreement (Hiway Technologies Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof thereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 9 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Welsbach Technology Metals Acquisition Corp.), Indemnification Agreement (Comdata Network, Inc. Of California)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 8 contracts

Samples: Indemnification Agreement (Mattress Firm Holding Corp.), Indemnification Agreement (Mattress Firm Holding Corp.), Indemnification Agreement (Michaels Companies, Inc.)

Modification and Waiver. No waiver, supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 8 contracts

Samples: Indemnity Agreement (Ascential Software Corp), Indemnity Agreement (Ascential Software Corp), Indemnity Agreement (Informix Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Section 22.

Appears in 8 contracts

Samples: Indemnification Agreement (Douglas Emmett Inc), Indemnification Agreement (Douglas Emmett Inc), Indemnification Agreement (Newtek Business Services Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) shall be binding unless executed in writing by both the parties hereto nor shall such waiver constitute a continuing waiver.

Appears in 8 contracts

Samples: Consulting Agreement (Uranium Energy Corp), Consulting Agreement (Nexsan Corp), Consulting Agreement (Uranium Energy Corp)

Modification and Waiver. No supplement, modification or amendment of this the Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this the Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any of the provisions of the Agreement shall be effective unless in a writing signed by the party against whom enforcement of the waiver is sought.

Appears in 8 contracts

Samples: Indemnification Agreement (Simmons First National Corp), Indemnification Agreement (Simmons First National Corp), Indemnification Agreement (Simmons First National Corp)

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Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoParties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 8 contracts

Samples: Indemnification Agreement (Athena Bitcoin Global), Indemnification Agreement (Athena Bitcoin Global), Indemnification Agreement (Athena Bitcoin Global)

Modification and Waiver. This Agreement may be amended from time to time to reflect changes in applicable law or for other reasons. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 8 contracts

Samples: Agreement (Pluristem Therapeutics Inc), Indemnification Agreement (DarioHealth Corp.), Form of Indemnification Agreement (Artemis Therapeutics, Inc.)

Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (Federal Home Loan Bank of Dallas), Indemnification Agreement (Federal Home Loan Bank of Dallas), Indemnification Agreement (Federal Home Loan Bank of San Francisco)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless it specifically states the intent of both parties hereto to supplement the terms herein and is executed in writing by both of the parties heretothereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (Sidus Space Inc.), Indemnification Agreement (Vocodia Holdings Corp), Indemnification Agreement (Accustem Sciences Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions provision of this Agreement shall be deemed or shall to constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (Potlatch Corp), Indemnification Agreement (Potlatch Corp), Officers Under Indemnification Agreement (Oregon Steel Mills Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (LTX-Credence Corp), Indemnification Agreement (American Science & Engineering, Inc.), Indemnification Agreement (LTX-Credence Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of in this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof of this Agreement (whether or not similar) nor shall such any waiver constitute a continuing waiver, unless expressly stated in any waiver.

Appears in 7 contracts

Samples: Indemnity Agreement (Lithia Motors Inc), Indemnity Agreement (Lithia Motors Inc), Indemnity Agreement (Northwest Natural Gas Co)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (Fender Musical Instruments Corp), Indemnification Agreement (Cempra, Inc.), Assignment and Assumption Agreement (Cameco Corp)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall and except as expressly provided herein, no such waiver shall constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Company without Indemnitee’s prior written consent.

Appears in 6 contracts

Samples: Indemnification Agreement (Intapp, Inc.), Employment Agreement (Qualtrics International Inc.), Indemnification Agreement (Bakkt Holdings, Inc.)

Modification and Waiver. No supplement, modification or amendment of to this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) provision of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Tvia Inc), Indemnification Agreement (DigitalFX International Inc), Indemnification Agreement (Issuer Direct Corp)

Modification and Waiver. No supplement, modification or amendment ----------------------- of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnity Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD)

Modification and Waiver. No supplement, modification modification, termination ----------------------- or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Scient Corp), Indemnification Agreement (Chorum Technologies Inc), Indemnification Agreement (Cacheflow Inc)

Modification and Waiver. No supplement, modification modification, termination or ----------------------- amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Entravision Communications Corp), Indemnification Agreement (Entravision Communications Corp), Indemnification Agreement (Petopia Com Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be is binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute constitutes a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification and Advancement Agreement (New Beginnings Acquisition Corp.), Indemnification and Advancement Agreement (AtlasClear Holdings, Inc.), Indemnification and Advancement Agreement (Lifesci Acquisition II Corp.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties all Parties hereto. No waiver of any of the provisions provision of this Agreement shall constitute, or be deemed or shall constitute to constitute, a waiver of any other provisions hereof (whether or not similar) provision, nor shall such any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party granting the waiver.

Appears in 6 contracts

Samples: Membership Interest Purchase Agreement, Agreement for Purchase and Sale (CRH Medical Corp), Agreement for Purchase and Sale

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnity Agreement, Agreement (Midcoast Energy Resources Inc), 3 Agreement (Midcoast Energy Resources Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Gart Sports Co), Indemnification Agreement (Icad Inc), 21 Indemnification Agreement (Sports Authority Inc /De/)

Modification and Waiver. No supplement, modification modification, waiver or amendment termination of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties heretoto be bound thereby. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 6 contracts

Samples: Voting and Stockholders’ Agreement (Armstrong Coal Company, Inc.), Voting and Stockholders’ Agreement (Armstrong Energy, Inc.), Exchange Agreement (WESTMORELAND COAL Co)

Modification and Waiver. No supplement, modification modification, waiver or amendment termination of this Agreement or any provisions hereof shall be binding unless executed in writing by both of the all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or Assignment shall constitute a waiver of any other provisions hereof provision (whether or not similar) ), nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 6 contracts

Samples: Transfer and Assignment Agreement (Gunther International LTD), Transfer and Assignment Agreement (Gunther International LTD), Assignment and Consent Agreement (Gunther International LTD)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall will be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) ), nor shall will such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Novastar Financial Inc), Indemnification Agreement (Aames Investment Corp), Indemnification Agreement (Aames Investment Corp)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 6 contracts

Samples: Indemnification Agreement (Eurand N.V.), Services Agreement (VirtualScopics, Inc.), Indemnification Agreement (Tornier B.V.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Techforce Corp), Corporation Indemnification Agreement (Techforce Corp), Indemnification Agreement (Dynamicweb Enterprises Inc)

Modification and Waiver. No Except as contemplated by Section 3(c), no supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnity Agreement (ZAIS Group Holdings, Inc.), Indemnity Agreement (Young Innovations Inc), Indemnity Agreement (Apropos Technology Inc)

Modification and Waiver. No supplement, modification supplement or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a binding unless executed in writing by the person making the waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Reinsurance Group of America Inc), Indemnification Agreement (Reinsurance Group of America Inc), Indemnification Agreement (Reinsurance Group of America Inc)

Modification and Waiver. No supplement, modification or amendment ------------------------- of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) shall be binding unless executed in writing by both the parties hereto nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Consulting Agreement (Dermisonics, Inc), Consulting Agreement (Dermisonics, Inc), Consulting Agreement (Dermisonics, Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.constitute

Appears in 5 contracts

Samples: Indemnification Agreement (Howard Hughes Corp), Indemnification Agreement (CBRE Acquisition Holdings, Inc.), Indemnification Agreement (Cornerstone Therapeutics Inc)

Modification and Waiver. No supplement, modification modification, waiver, or amendment of this Agreement or any provisions of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Imh Financial Corporation Indemnification Agreement (IMH Financial Corp), Indemnification Agreement (IMH Financial Corp), Indemnification Agreement (IMH Financial Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be implied by the conduct of the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Gener8 Maritime, Inc.), Indemnification Agreement (United Rentals North America Inc), Indemnification Agreement (United Rentals North America Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in a writing identified as such by both each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Bellring Brands, Inc.), Indemnification Agreement (Bellring Brands, Inc.), Indemnification Agreement (Aveanna Healthcare Holdings, Inc.)

Modification and Waiver. No supplement, modification or amendment of this to the Agreement shall be binding unless executed in writing by both of the parties patties hereto. No waiver of any of the provisions of this the Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc)

Modification and Waiver. (a) No supplementamendment, modification modification, supplementation or amendment repeal of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Mri Interventions, Inc.), Indemnification Agreement (Nextnav Inc.), Indemnification Agreement (SkyWater Technology, Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Catalyst Biosciences, Inc.), Indemnification Agreement (Bio-Path Holdings Inc), Indemnification Agreement (Targacept Inc)

Modification and Waiver. No supplement, modification modification, waiver or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. For the avoidance of doubt, this Agreement may not be terminated by the Indemnitor without Indemnitee’s prior written consent.

Appears in 5 contracts

Samples: Form of Indemnification Agreement (Carlyle GMS Finance, Inc.), Form of Indemnification Agreement (NF Investment Corp.), Form of Indemnification Agreement (TCG BDC II, Inc.)

Modification and Waiver. No supplement, modification modification, waiver, cancellation or amendment of this Agreement or any provision hereof shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 5 contracts

Samples: Indemnification Agreement (Arena Pharmaceuticals Inc), Indemnification Agreement (Arena Pharmaceuticals Inc), Indemnification Agreement (Arena Pharmaceuticals Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provisions hereof (whether or not similar) provision of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnification Agreement (Nine Energy Service, Inc.), Indemnification Agreement (Centennial Resource Development, Inc.), Indemnification Agreement (Nine Energy Service, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.shall

Appears in 4 contracts

Samples: Indemnity Agreement (Trepont Acquistion Corp I), Indemnity Agreement (Trepont Acquistion Corp I), Indemnity Agreement (Trepont Acquistion Corp I)

Modification and Waiver. 14.1 No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnity Agreement (NXT Energy Solutions Inc.), Indemnity Agreement (Oilsands Quest Inc), Indemnity Agreement (Oilsands Quest Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. No waiver of any of the provisions of this Agreement shall be effective for any purpose unless executed in writing by the waiving party.

Appears in 4 contracts

Samples: Indemnification Agreement (Single Touch Systems Inc), Indemnification Agreement (Medistem Inc.), Indemnification Agreement (Medistem Inc.)

Modification and Waiver. No supplement, modification or amendment of ----------------------- this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc)

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