Modification and Waiver Sample Clauses

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless 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. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by law.
Modification and Waiver. No Except as provided in Section 18 above with respect to changes in state law which broaden the right of Indemnitee to be indemnified by the Company, no supplement, modification or amendment of this Agreement shall be binding unless it is executed in a writing signed 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 of this Agreement (whether or not similar) ), nor shall such waiver constitute a continuing waiver. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by law.
Modification and Waiver. No supplementThis Agreement may not be amended or modified in any manner, modification or amendment of this Agreement shall be binding unless it is except by an instrument in a writing signed by both each of the parties hereto. No waiver The failure of any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, or in any way affect the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be deemed or shall constitute to be a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by lawsubsequent breach.
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless it is executed 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) of this Agreement nor shall such any waiver constitute a continuing waiver. In the event of Except as expressly provided herein, no failure to exercise or any change after the date of this Agreement delay in exercising any applicable law that expands the right of or remedy hereunder shall constitute a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it waiver thereof. It is the intent of the parties hereto Company and Indemnitee that the benefits provided to Indemnitee hereunder shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on be not less than the rights and obligations under this Agreement provided to any other than as may be required by lawdirector, officer or key employee of the Company (in such capacity) pursuant to any contract, agreement or arrangement that provides similar rights relating to the subject matter hereof.
Modification and Waiver. No Except as provided in Section 34 with respect to changes in the DGCL that broaden the right of Indemnitee to be indemnified by the Corporation and Section 31 which provides for Indemnitee to be afforded the benefit of a more favorable term or terms included in other indemnification agreements, no supplement, modification or amendment of this Agreement shall be binding unless it is executed in a writing signed by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement of the waiver is sought, or 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. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by law.
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless it is executed 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 provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by law.
Appears in 1 contract Indemnity Agreement (COUPONS.com Inc),
Modification and Waiver. This is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior representations, understandings, and agreements between the parties with respect to the subject matter hereof. No supplement, modification modification, waiver, or amendment termination of this Agreement or any provisions hereof shall be binding unless it is executed 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 provision (whether or not similar) ); nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided. In the event of If any change after the date provision(s) of this Agreement in are or become invalid, are ruled illegal by any court of competent jurisdiction or are deemed unenforceable under then current applicable law that expands from time to time in effect during the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemniteeterm hereof, it is the intention of the parties that the remainder of this Agreement shall not be affected thereby, provided that a party’s rights under this Agreement are not materially affected. The parties hereto covenant and agree to renegotiate any such term, covenant or application thereof in good faith in order to provide a reasonably acceptable alternative to the term, covenant or condition of this Agreement or the application thereof that is invalid, illegal or unenforceable, it being the intent of the parties hereto that Indemnitee shall enjoy by the basic purposes of this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may are to be required by laweffectuated.
Modification and Waiver. No Except as provided in Section 11(a) with respect to changes in Bermuda Law that broaden the right of Indemnitee to be indemnified by the Company and Section 15 which provides for Indemnitee to be afforded the benefit of a more favorable term or terms included in other indemnification agreements, no supplement, modification or amendment of this Agreement shall be binding unless it is executed in a writing signed by both all of the parties hereto. No Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and 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. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by law.
Appears in 1 contract Axalta Coating Systems Ltd.,
Modification and Waiver. The rights of the Director under this Agreement shall be deemed fully vested as of the date the Director first acquired Corporate Status, notwithstanding that such date may be prior to the date of this Agreement, which means that, among other things, that the Director shall be entitled to the indemnification and expense advancement provided for herein (subject to the terms and conditions of this Agreement) with respect to all acts or omissions of such Director during the period such the Director had Corporate Status. This Agreement shall not be retroactively amended or modified to adversely affect the rights of the Director arising in connection with any acts, omissions, facts or circumstances occurring prior to such amendment or modification. No supplement, modification or amendment of this Agreement shall be binding unless it is executed in a writing signed 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. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by law.
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless 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. In Should either Delaware law, or the event Company's charter or bylaws, be amended to provide for greater rights to Indemnitee with regard to advancement of Expenses or indemnification, then this Agreement shall be deemed to be amended to provide for such greater rights. However, Indemnitee's rights shall in no instance be more narrow in any change after respect than as allowed by Delaware law, and the Company's charter and bylaws, as of the date of this Agreement Agreement, and Company acknowledges that Indemnitee's service is expressly in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy reliance on this acknowledgement by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by lawCompany.
Modification and Waiver. This is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior representations, understandings, and agreements between the parties with respect to the subject matter hereof. No supplement, modification modification, waiver, or amendment termination of this Agreement or any provisions hereof shall be binding unless it is executed 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 provision (whether or not similar) ); nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided. In the event of If any change after the date provision(s) of this Agreement in are or become invalid, are ruled illegal by any court of competent jurisdiction or are deemed unenforceable under then current applicable law that expands from time to time in effect during the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemniteeterm hereof, it is the intention of the parties that the remainder of this Agreement shall not be affected thereby provided that a party’s rights under this Agreement are not materially affected. The parties hereto covenant and agree to renegotiate any such term, covenant or application thereof in good faith in order to provide a reasonably acceptable alternative to the term, covenant or condition of this Agreement or the application thereof that is invalid, illegal or unenforceable, it being the intent of the parties hereto that Indemnitee shall enjoy by the basic purposes of this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may are to be required by laweffectuated.
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless it is executed in a writing signed by both of the parties hereto. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in the Code, whether by statute or judicial decision, permits greater indemnification or advancement of expenses than would be afforded currently under the Corporation’s Certificate of Incorporation, By-Laws and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. 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. In the event of any change after the date of this Agreement in any applicable law that expands the right of a Delaware corporation to indemnify a member of an Agent in the same capacity as Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as may be required by law.
Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless it is executed 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. In the event This Agreement shall remain in effect for a period of any change after ten years from the date of its execution, notwithstanding any change in control of the Company that shall occur during the term of this Agreement in any applicable law and notwithstanding that expands during the right of a Delaware corporation to indemnify a member of term hereof the Indemnitee shall cease serving as an Agent in the same capacity as Indemnitee, it is the intent officer or director of the parties hereto that Indemnitee shall enjoy by this Agreement Company, as the greater benefits afforded by such change. Any narrowing change in any applicable law, however, shall have no effect on the rights and obligations under this Agreement other than as case may be required by lawbe.