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 1256 contracts

Samples: Indemnification Agreement (Rising Dragon Acquisition Corp.), Indemnification Agreement (Ares Dynamic Credit Allocation Fund, Inc.), Indemnification Agreement (Calisa Acquisition Corp)

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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 368 contracts

Samples: Indemnification Agreement (Akoustis Technologies, Inc.), Director Retainer Agreement (King Resources, Inc.), Indemnification Agreement (Virpax 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 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 305 contracts

Samples: Indemnification Agreement for Directors and Executive Officers (Semtech Corp), Indemnity Agreement (Blum Holdings, Inc.), Indemnity Agreement (Blum Holdings, Inc.)

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 284 contracts

Samples: Indemnification Agreement (Ionic Digital Inc.), Indemnification Agreement (Ranger Energy Services, Inc.), Indemnification Agreement (Ranger Energy 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 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 258 contracts

Samples: Indemnification Agreement (FrontView REIT, Inc.), Indemnification Agreement (Lineage, Inc.), Indemnification Agreement (5C Lending Partners Corp.)

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 176 contracts

Samples: Indemnification and Advancement Agreement (Galaxy Gaming, Inc.), Indemnification and Advancement Agreement (Galaxy Gaming, Inc.), Indemnification Agreement (Siga 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 provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 103 contracts

Samples: Indemnity Agreement (Selectis Health, Inc.), Indemnity Agreement (Sunshine Silver Mining & Refining Corp), Indemnity Agreement (Intuit 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 81 contracts

Samples: Indemnification Agreement (First Advantage Corp), Indemnification Agreement (Mattress Firm Group Inc.), Indemnification Agreement (Summit Materials, LLC)

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 71 contracts

Samples: Indemnification Agreement (Lam Research Corp), Indemnification Agreement (FibroBiologics Inc.), Form of Indemnification Agreement (Mural Oncology LTD)

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 67 contracts

Samples: Form of Indemnification Agreement (Bone Biologics Corp), Indemnity Agreement (Motorsport Games Inc.), Indemnity Agreement (iBio, 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 63 contracts

Samples: Employment Agreement (NewLake Capital Partners, Inc.), Indemnification Agreement (NewLake Capital Partners, Inc.), Indemnification Agreement (NewLake Capital Partners, 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: Onto Innovation (Onto Innovation Inc.), Indemnity Agreement (Energous Corp), Indemnity Agreement (Aeluma, 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 49 contracts

Samples: Agreement and Plan of Merger (Synergy CHC Corp.), Indemnification Agreement (Health in Tech, Inc.), Agreement and Plan of Merger (Synergy CHC 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 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 45 contracts

Samples: Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Office Properties Income Trust)

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, Indemnification Agreement (Eagle Bulk Shipping 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 34 contracts

Samples: Indemnification Agreement (Legalzoom Com Inc), Indemnification Agreement, Indemnification Agreement (Chimerix Inc)

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 29 contracts

Samples: Indemnification Agreement (Inhibrx Biosciences, Inc.), Form of Indemnity Agreement (BrightSphere Investment Group Inc.), Employment Agreement (Hostess Brands, 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 25 contracts

Samples: Indemnification Agreement (Harbin Electric, Inc), Indemnification Agreement (Harbin Electric, 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 (Dorchester Capital Acquisition Corp.), Indemnification Agreement (BOISE CASCADE Co), Indemnification Agreement (Diversey Holdings, Ltd.)

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: Indemnification Agreement (Netvantage Inc), 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 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: Indemnification Agreement (Creative Global Technology Holdings LTD), Indemnity Agreement (Sio Gene Therapies 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 (Berry Petroleum 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 wavier of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 22 contracts

Samples: Indemnification Agreement, Indemnification Agreement (TransMedics Group, Inc.), Indemnification Agreement (Cyclerion Therapeutics, 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 of not similar) nor shall such waiver constitute a continuing waiver.

Appears in 20 contracts

Samples: Indemnification Agreement (Achieve Life Sciences, Inc.), Indemnification Agreement (Microsemi Corp), 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 (Collective Audience, Inc.), Indemnity Agreement (CO2 Energy Transition Corp.), Form of Indemnity Agreement (EF Hutton Acquisition Corp I)

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: Indemnification Agreement (EyePoint Pharmaceuticals, Inc.), Indemnification Agreement (pSivida Corp.), Agreement (pSivida 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 (Bloomios, Inc.), Indemnification Agreement (Bloomios, Inc.), Indemnification Agreement (Bloomios, Inc.)

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 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, 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 (Orchids Paper Products CO /DE)

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: Indemnification Agreement (Forum Energy Technologies, Inc.), Director Indemnification Agreement (Susser Petroleum Partners LP), Director Indemnification Agreement (Susser Holdings 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 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 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 (Freightos LTD), Indemnification Agreement (ECP Environmental Growth Opportunities Corp.), Indemnification Agreement (CF Finance Acquisition Corp. III)

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 (Ampex Corp /De/), 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 (Modern Mining Technology Corp.), Indemnity Agreement (Greenfire Resources Ltd.), Indemnity Agreement (Hammerhead 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 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, 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: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Columbia Laboratories 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: Indemnification Agreement (Oceaneering International Inc), Indemnification Agreement (K-Sea GP Holdings LP), Form of Indemnification Agreement (K-Sea Tranportation Partners Lp)

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 (Pentacon Inc), Indemnity Agreement (Sterling Chemicals Holdings 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: Indemnity Agreement (Laureate Education, Inc.), Form of Indemnity Agreement (Marchex Inc), Limited Partnership Agreement (Premier, 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 12 contracts

Samples: Indemnification Agreement (Bannix Acquisition Corp.), Indemnification Agreement (Ipsidy Inc.), Indemnification Agreement (Workhorse Group 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 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: Indemnification and Advancement Agreement (Boundless Bio, Inc.), Indemnification and Advancement Agreement (Sable Offshore Corp.), Form of Indemnification Agreement (TruGolf Holdings, 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: Indemnification Agreement (Hestia Insight Inc.), Indemnification Agreement (Creek Road Miners, Inc.), Employment Agreement (Creek Road Miners, 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 12 contracts

Samples: Indemnification Agreement (Central European Distribution Corp), Indemnification Agreement (Simon Worldwide Inc), Indemnification Agreement (Simon Worldwide 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 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 (Fei Co), Indemnity Agreement (Bioject Medical Technologies Inc), Indemnity Agreement (Radisys Corp)

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: Indemnification Agreement (Yulong Eco-Materials LTD), Indemnification Agreement (Us Concrete Inc), 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 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 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: Manager Indemnification Agreement (PSAV, Inc.), Indemnification Agreement (ESH Hospitality, Inc.), Indemnification Agreement (ESH Hospitality, 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: Indemnification Agreement (Centuri Holdings, Inc.), Indemnification Agreement (Southwest Gas Corp), Indemnification Agreement (Southwest Gas Corp)

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 10 contracts

Samples: Director Indemnification Agreement (Opko Health, Inc.), Officer Indemnification Agreement (Opko Health, Inc.), Indemnity Agreement (ACA Capital Holdings 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 (Hill-Rom Holdings, Inc.), Officer Indemnity Agreement (Hill-Rom Holdings, 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 (Welsbach Technology Metals Acquisition Corp.), Indemnification Agreement (Snap Interactive, Inc), Indemnification Agreement

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 (Verisilicon Holdings Co LTD), Indemnification Agreement (New Home Co Inc.), Indemnification Agreement (New Home Co LLC)

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 9 contracts

Samples: Indemnification Agreement (Geocities), Indemnification Agreement (Hall Kinion & Associates Inc), Form of Indemnification Agreement (Total Sports 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 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 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 (Oni Systems Corp), Indemnity Agreement (Commerx Inc), Indemnity Agreement (Tsi International Software LTD)

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 (Nexsan Corp), Consulting Agreement (Uranium Energy Corp), Consulting Agreement (Uranium Energy 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 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: Form of Indemnification Agreement (Artemis Therapeutics, Inc.), Form of Indemnification Agreement (Artemis Therapeutics, Inc.), Agreement (Pluristem Therapeutics Inc)

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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)

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 (Ascential Software 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 (Newtek Business Services Corp.), Indemnification Agreement (Newtek Business Services Corp.), Indemnification Agreement (Newtek Business Services 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 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 (Party City Holdco Inc.), Indemnification Agreement (Southeastern Grocers, Inc.), Indemnification Agreement (Party City Holdco 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 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 (Northwest Natural Gas Co), Indemnity Agreement (Northwest Natural Gas Co), Indemnity Agreement (Lithia Motors Inc)

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 (Cempra, Inc.), Indemnification Agreement (Cempra, Inc.), Indemnification Agreement (Cempra, Inc.)

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 (Vocodia Holdings Corp), Indemnification Agreement (Syra Health Corp), Indemnification Agreement (Sidus Space Inc.)

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 7 contracts

Samples: Agreement for Purchase and Sale, Membership Interest Purchase Agreement (CRH Medical Corp), Agreement for Purchase and Sale (CRH Medical 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 any such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (LTX-Credence Corp), Indemnification Agreement (Atlantic Tele Network Inc /De), Indemnification Agreement (American Science & Engineering, 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 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, 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 (VirtualScopics, Inc.), Services Agreement (VirtualScopics, Inc.), Indemnification Agreement (VirtualScopics, Inc.)

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: Membership Interest (Camber Energy, Inc.), Exchange Agreement (WESTMORELAND COAL Co), Exchange Agreement (Westmoreland Resource Partners, LP)

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 (Issuer Direct Corp), Indemnification Agreement (Issuer Direct Corp), Indemnification Agreement (SolarWinds, 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 (Fresh Del Monte Produce Inc), Indemnification and Advancement Agreement (AtlasClear Holdings, Inc.), Indemnification and Advancement Agreement (Chavant Capital Acquisition Corp.)

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: Assignment and Consent Agreement (Gunther International LTD), Assignment and Consent Agreement (Gunther International LTD), Transfer and Assignment 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 (Novation Companies, Inc.), Indemnification Agreement (Novation Companies, Inc.), Indemnification Agreement (Aames Investment 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 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 (Stamps Com Inc), Indemnification Agreement (Chorum Technologies Inc), Indemnification Agreement (Optical Communication Products 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 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, 3 Agreement (Midcoast Energy Resources Inc), Agreement (Texas Biotechnology Corp /De/)

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

Modification and Waiver. No supplementThis Agreement may not be amended, modification modified, or amendment of this Agreement shall be binding unless executed in writing supplemented except by both written agreement signed by the party against which the enforcement of the parties heretoamendment, modification, or supplement is sought. 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 provision. No waiver shall such waiver constitute a continuing be binding unless executed in writing by the party making the waiver.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Ecoplus Inc), Asset Purchase Agreement (Streamtrack, Inc.), Asset Purchase and Sale Agreement (Global Employment Holdings, 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 (Petopia Com Inc), Indemnification Agreement (Altiris Inc), Indemnification Agreement (Dialysis Corp of America)

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

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 (Nextnav Inc.), Indemnification Agreement (ClearPoint Neuro, Inc.), Indemnification Agreement (SkyWater Technology, Inc)

Modification and Waiver. No supplement, 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 5 contracts

Samples: Indemnification Agreement (Eightco Holdings Inc.), Indemnification Agreement (Global Technologies LTD), Indemnification Agreement (Cryptyde, 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 (LGI Homes, 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 Secured Lending III), Form of Indemnification Agreement (TCG BDC II, Inc.), Form of Indemnification Agreement (NF Investment Corp.)

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 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. 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 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: Corporation Indemnification Agreement (Equant Nv), Corporation Indemnification Agreement (Techforce Corp), Indemnification Agreement (Techforce Corp)

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 Distribution, LLC), Indemnification Agreement (Aveanna Healthcare Holdings, 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), Imh Financial Corporation Indemnification Agreement (IMH Financial Corp), Indemnification Agreement (IMH Financial Corp)

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 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 (United Rentals North America 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 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 (CBRE Acquisition Holdings, Inc.), Indemnification Agreement (Ameriprise Financial Inc), Indemnification Agreement (Rouse Properties, 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. No waiver of any provision of this Agreement shall be effective unless executed in writing.

Appears in 4 contracts

Samples: Indemnification Agreement (Coast Financial Holdings Inc), Indemnification Agreement (Coast Financial Holdings Inc), Indemnification Agreement (Coast Financial Holdings 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 valid unless executed in writing by the party entitled to enforce the provision to be waived and any such waiver will not 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 4 contracts

Samples: Indemnification and Advancement Agreement (Seaport Entertainment Group Inc.), Indemnification and Advancement Agreement (Golden Arrow Merger Corp.), Indemnification and Advancement Agreement (Grail, LLC)

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 all 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 (Coinmach Service Corp), Indemnity Agreement (Coinmach Service Corp), Indemnity Agreement (Coinmach Service Corp)

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