Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 13 contracts
Samples: Employment Agreement (Cytosorbents Corp), Executive Employment Agreement (SunOpta Inc.), Employment Agreement (Cytosorbents Corp)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 13 contracts
Samples: Employment Agreement (Inmune Bio, Inc.), Employment Agreement (Rightscorp, Inc.), Employment Agreement (Spotlight Innovation Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 13 contracts
Samples: Award Agreement (PLX Pharma Inc.), Employment Agreement (PLX Pharma Inc.), Employment Agreement (PLX Pharma Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 12 contracts
Samples: Employment Agreement (Akerna Corp.), Employment Agreement (SIMPLICITY ESPORTS & GAMING Co), Employment Agreement (SIMPLICITY ESPORTS & GAMING Co)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair a duly authorized officer of the BoardEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 10 contracts
Samples: Non Competition Agreement (United States Steel Corp), Confidentiality and Proprietary Rights Agreement (United States Steel Corp), Non Competition Agreement (United States Steel Corp)
Modification and Waiver. No provision of this Agreement Release may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardEmployer’s Chief Executive Officer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement Release to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 9 contracts
Samples: Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Petroleum Corp), Executive Employment Agreement (Berry Petroleum Corp)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair a director of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 9 contracts
Samples: Employment Agreement (Kura Sushi Usa, Inc.), Employment Agreement (Kura Sushi Usa, Inc.), Employment Agreement (Kura Sushi Usa, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chief Executive Officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 9 contracts
Samples: Change in Control Agreement (Homeland Energy Solutions LLC), Change in Control Agreement (Homeland Energy Solutions LLC), Change in Control Agreement (Homeland Energy Solutions LLC)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 9 contracts
Samples: Executive Employment Agreement (Waitr Holdings Inc.), Employment Agreement (Waitr Holdings Inc.), Executive Employment Agreement (Waitr Holdings Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Consultant and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 8 contracts
Samples: Consulting Agreement (Nano Nuclear Energy Inc.), Consulting Agreement (Nano Nuclear Energy Inc.), Consulting Agreement (Flewber Global Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Compensation Committee of the BoardBoard of Directors of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 8 contracts
Samples: Severance Agreement (Cohu Inc), Change in Control Agreement (Cohu Inc), Change in Control Agreement (Cohu Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair a duly authorized officer of the BoardCompany (other than Employee). No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 7 contracts
Samples: Executive Employment Agreement (MGO Global Inc.), Executive Employment Agreement (MGO Global Inc.), Executive Employment Agreement (MGO Global Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair The Board of the BoardDirectors. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 7 contracts
Samples: Executive Employment Agreement (Marijuana Co of America, Inc.), Executive Employment Agreement (McTc Holdings, Inc.), Executive Employment Agreement (Cannabis Global, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chief Executive Officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 7 contracts
Samples: Employment Agreement (Workiva Inc), Employment Agreement (Recovery Energy, Inc.), Employment Agreement (Workiva Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair [POSITION NAME] of the BoardCompany. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 7 contracts
Samples: Separation Agreement and Release, Separation Agreement and Release, Severance Agreement and Release
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair an authorized officer of each of the BoardParent and the Company. No waiver by either any of the parties of any breach by the other another party hereto of any condition or provision of this Agreement to be performed by the other another party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either any of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 7 contracts
Samples: Employment Agreement (Volato Group, Inc.), Employment Agreement (Volato Group, Inc.), Employment Agreement (Volato Group, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair CEO of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 7 contracts
Samples: Executive Employment Agreement (Veru Inc.), Escrow Agreement (Steel Excel Inc.), Executive Employment Agreement (Veru Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Equityholder and by the Chair an authorized representative of the BoardTRC and NGLS. No waiver by either any of the parties Parties of any breach by the any other party Party hereto or of any condition or provision of this Agreement to be performed by the any other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either any of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 6 contracts
Samples: Non Solicitation Agreement (Atlas Energy, L.P.), Non Solicitation Agreement (Atlas Energy, L.P.), Non Solicitation Agreement (Atlas Pipeline Partners Lp)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall will be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall will the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 6 contracts
Samples: Employment Agreement (Rocky Mountain High Brands, Inc.), Employment Agreement (Rocky Mountain High Brands, Inc.), Employment Agreement (Rocky Mountain High Brands, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair an authorized officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 6 contracts
Samples: Employment Agreement (Rise Oil & Gas, Inc.), Executive Severance Agreement (Computer Programs & Systems Inc), Employment Agreement (Rise Oil & Gas, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an officer of the Chair of Company (other than Executive) expressly authorized by the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar such provision or condition at the same any other time, or any prior other provision or subsequent timecondition, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof or to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Profire Energy Inc), Employment Agreement (Profire Energy Inc), Employment Agreement (Profire Energy Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive you and by the Chair an authorized executive of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Separation Agreement and General Release of Claims (Adverum Biotechnologies, Inc.), Separation Agreement and General (Adverum Biotechnologies, Inc.), Separation Agreement and General (Adverum Biotechnologies, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardBoard of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Meridian Bioscience Inc), Employment Agreement (Meridian Bioscience Inc), Nuciola Iii Employment Agreement (Nodechain, Inc.)
Modification and Waiver. No Other than as set forth in Section 7.2 above with respect to Appendix A, no provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair an executive officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by an authorized individual with the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Australian Oilseeds Holdings LTD), Employment Agreement (Australian Oilseeds Holdings LTD), Employment Agreement (Australian Oilseeds Holdings LTD)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Associate and by the Chair Chief Executive Officer of the BoardEmployer. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege. 8.
Appears in 5 contracts
Samples: Performance Share Unit Award Agreement (JELD-WEN Holding, Inc.), Performance Share Unit Award Agreement (JELD-WEN Holding, Inc.), Nonqualified Stock Option Agreement (JELD-WEN Holding, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the Boardparties. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Amended and Restated Services Agreement (Propanc Biopharma, Inc.), Employment Agreement (Rimrock Gold Corp.), Director Agreement (Propanc Health Group Corp)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall will be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall will the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Repare Therapeutics Inc.), Employment Agreement (Neptune Wellness Solutions Inc.), Employment Agreement (Repare Therapeutics Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chief Executive Officer of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Quantum Materials Corp.), Employment Agreement (Quantum Materials Corp.), Employment Agreement (Quantum Materials Corp.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair an executive officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair President of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Hoth Therapeutics, Inc.), Employment Agreement (DatChat, Inc.), Employment Agreement (Hoth Therapeutics, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of an individual authorized by the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Agreement (Medizone International Inc), Employment Agreement (Medizone International Inc), Agreement (Medizone International Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardBoard of Directors of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 5 contracts
Samples: Employment Agreement (Bankwell Financial Group, Inc.), Penko Ivanov Employment Agreement (Bankwell Financial Group, Inc.), David Dineen Employment Agreement (Bankwell Financial Group, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair an authorized officer of the BoardCorporation. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Samples: Amended and Restated Employment Agreement (Humanigen, Inc), Employment Agreement (Humanigen, Inc), Employment Agreement (Humanigen, Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair of the Boarda Company authorized representative. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 4 contracts
Samples: Employment Agreement (Clearwater Analytics Holdings, Inc.), Employment Agreement (Clearwater Analytics Holdings, Inc.), Employment Agreement (Clearwater Analytics Holdings, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardBoard of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 4 contracts
Samples: Employment Agreement (Royale Energy, Inc.), Employment Agreement (Royale Energy, Inc.), Employment Agreement (Royale Energy, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardBoard of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Samples: Employment Agreement (Heritage Oaks Bancorp), Executive Employment Agreement (Select-Tv Solutions, Inc.), Employment Agreement (Radius Health, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair Chief Executive Officer of the BoardEmployer. No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Samples: Separation, Settlement and Release of Claims Agreement (Reed's, Inc.), Separation, Settlement and Release of Claims Agreement (Reed's, Inc.), Separation, Settlement and Release of Claims Agreement (Reed's, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardEmployer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Samples: Employment Agreement (RigNet, Inc.), Employment Agreement (RigNet, Inc.), Separation Agreement (RigNet, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 4 contracts
Samples: Employment Agreement (ZK International Group Co., Ltd.), Employment Agreement (Northann Corp.), Employment Agreement (Northann Corp.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Samples: Securities Purchase Agreement (P10, Inc.), Securities Purchase Agreement (P10, Inc.), Employment Agreement (P10, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and approved by the Chair Board of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 4 contracts
Samples: Employment Agreement (Lipella Pharmaceuticals Inc), Employment Agreement (Lipella Pharmaceuticals Inc), Employment Agreement (Lipella Pharmaceuticals Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair [POSITION NAME] of the BoardEmployer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 4 contracts
Samples: Non Compete Agreement, Non Compete Agreement, Non Competition Agreement
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Samples: Employment Agreement (PDL Community Bancorp), Employment Agreement (PDL Community Bancorp), Employment Agreement (PDL Community Bancorp)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardFlagstar. No waiver by either of the parties Parties of any breach by the other party hereto another Party of any condition or provision of this Agreement to be performed by the other party hereto another Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 4 contracts
Samples: Employment Agreement (Flagstar Bancorp Inc), Employment Agreement (Flagstar Bancorp Inc), Employment Agreement (Flagstar Bancorp Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair a majority of the BoardBoard of the Company or its designee. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Employment Agreement (Tenzing Acquisition Corp.), Employment Agreement (Reviva Pharmaceuticals Holdings, Inc.), Employment Agreement (Byrna Technologies Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Service Provider and by the Chair of the BoardBoard of Directors of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Service Provider Agreement (Rice Acquisition Corp. II), Service Provider Agreement (Rice Acquisition Corp. II), Service Provider Agreement (Rice Acquisition Corp. II)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair General Counsel of the BoardEmployer. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Separation Agreement and General Release (Foot Locker, Inc.), Separation Agreement and General Release (Foot Locker, Inc.), Separation Agreement and General Release (Foot Locker, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair a member of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Employment Agreement (Flewber Global Inc.), Employment Agreement (Flewber Global Inc.), Employment Agreement (Flewber Global Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardBoard of Directors of the MHC and the Bancorp. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Samples: Employment Agreement (PDL Community Bancorp), Employment Agreement (PDL Community Bancorp), Employment Agreement (PDL Community Bancorp)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardFlagstar. No waiver by either of the parties Parties of any breach by the other party hereto another Party of any condition or provision of this Agreement to be performed by the other party hereto another Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Change in Control Agreement (Flagstar Bancorp Inc), Change in Control Agreement (Flagstar Bancorp Inc), Change in Control Agreement (Flagstar Bancorp Inc)
Modification and Waiver. No provision of this Amended Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by either the Chair Executive Chairman or the Chief Executive Officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Amended Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Executive (Us Xpress Enterprises Inc), Executive (Us Xpress Enterprises Inc), Employment Agreement (Us Xpress Enterprises Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair CEO of the BoardBank. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Samples: Executive Employment Agreement (Western Alliance Bancorporation), Executive Employment Agreement (Western Alliance Bancorporation), Executive Employment Agreement (Western Alliance Bancorporation)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Participant and by the Chair an officer of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Samples: Woodside Share Unit Plan (Woodside Homes, Inc.), Consent and Release of Claims Agreement (Woodside Homes, Inc.), Woodside Share Unit Plan (Woodside Homes, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Independent Director and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Independent Director Agreement (Nano Nuclear Energy Inc.), Independent Director Agreement (Nano Nuclear Energy Inc.), Independent Director Agreement (Nano Nuclear Energy Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair an executive officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Samples: Employment Agreement (Comtech Telecommunications Corp /De/), Employment Agreement (Comtech Telecommunications Corp /De/), Employment Agreement (Comtech Telecommunications Corp /De/)
Modification and Waiver. No provision of this Agreement may be amended or modified by the parties unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair a duly authorized officer of the BoardEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege. 12.
Appears in 3 contracts
Samples: Retention Grant Agreement (United States Steel Corp), Grant Agreement (United States Steel Corp), United States Steel Corp
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Samples: Non Disparagement Agreement (Firstenergy Corp), Performance Restricted Stock Unit Agreement (Atento S.A.), Time Restricted Stock Unit Agreement (Atento S.A.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairperson of the BoardBoard of Directors of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. 17.
Appears in 3 contracts
Samples: Employment Agreement (Bankwell Financial Group, Inc.), Employment Agreement (Bankwell Financial Group, Inc.), Employment Agreement (Bankwell Financial Group, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair a duly authorized employee of the BoardCompany (other than me). No waiver by either of me or the parties Company of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of me or the parties Company in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: And Inventions Agreement (Civitas Resources, Inc.), And Inventions Agreement (Civitas Resources, Inc.), And Inventions Agreement (Civitas Resources, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair a duly authorized officer of the BoardEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege. 12.
Appears in 3 contracts
Samples: Grant Agreement (United States Steel Corp), Retention Grant Agreement (United States Steel Corp), United States Steel Corp
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by you and the Executive and by the Chair of the BoardCompany. No waiver by either of you or the parties Company of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Transition Agreement (Carrols Restaurant Group, Inc.), Separation and Release of Claims Agreement (Carrols Restaurant Group, Inc.), Separation and Release of Claims Agreement (Carrols Restaurant Group, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Employment Agreement (Singularity Future Technology Ltd.), Employment Agreement (Singularity Future Technology Ltd.), Employment Agreement (Singularity Future Technology Ltd.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chief Executive Officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Executive Employment Agreement (Dolphin Entertainment, Inc.), Executive Employment Agreement (Legion Works, Inc.), Employment Agreement (Perfect Moment Ltd.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and such officer or director of the Company as may be designated by the Chair of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 3 contracts
Samples: Employment Agreement (Singing Machine Co Inc), Employment Agreement (Singing Machine Co Inc), Employment Agreement (Singing Machine Co Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair President of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Samples: Interest Agreement (Charlotte's Web Holdings, Inc.), Interest Agreement (Charlotte's Web Holdings, Inc.), Charlotte's Web Holdings, Inc.
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardBoard of Directors of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Samples: Christopher Gruseke Employment Agreement (Bankwell Financial Group, Inc.), Employment Agreement (Bankwell Financial Group, Inc.), Gruseke Employment Agreement (Bankwell Financial Group, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Separation and Mutual Release of Claims Agreement (Usio, Inc.), Separation and Release of Claims Agreement (Payment Data Systems Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto another Party of any condition or provision of this Agreement to be performed by the other party hereto another Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (New York Community Bancorp Inc), Employment Agreement (New York Community Bancorp Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Board of the BoardDirectors. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Planet 13 Holdings Inc.), Employment Agreement (Planet 13 Holdings Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair President of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Olb Group, Inc.), Employment Agreement (Olb Group, Inc.)
Modification and Waiver. No Except as otherwise specifically provided herein, no provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of Company, after approval by the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar other provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Vapotherm Inc), Employment Agreement (Vapotherm Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardP10. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Employment Agreement (P10, Inc.), Employment Agreement (P10, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair a [DULY AUTHORIZED OFFICER] of the BoardEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Confidentiality and Proprietary Rights Agreement, Confidentiality and Proprietary Rights Agreement (California)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chief Executive Officer of the BoardCompany. No waiver by either of the parties Party/any Party of any breach by the any other party hereto of any condition or provision of this Agreement to be performed by the any other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Separation and Release of Claims Agreement (RenovaCare, Inc.), Claims Agreement (SolarWindow Technologies, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair Minority Member Manager of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Worldwide Stages, Inc.), Employment Agreement (Worldwide Stages, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardCompensation Committee of the Board of Directors of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Amerinac Holding Corp.), Employment Agreement (Amerinac Holding Corp.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair General Counsel of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Separation Pay Agreement (ShockWave Medical, Inc.), Separation Pay Agreement (Shockwave Medical, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardCEO. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Executive Employment Agreement (SunOpta Inc.), Executive Employment Agreement (SunOpta Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair of the BoardParties. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Investigative Services Agreement, Investigative Services Agreement
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair Chief Executive Officer of the BoardEmployer. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Transition Services Agreement (Ecosciences, Inc.), Transition Services Agreement (Ecosciences, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by you and the Executive and by the Chair chair of the Board. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Angie's List, Inc., Angie's List, Inc.
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair CEO of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Crinetics Pharmaceuticals, Inc.), Employment Agreement (Crinetics Pharmaceuticals, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardBoard of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Clearwater Analytics Holdings, Inc.), Employment Agreement (Electro Scientific Industries Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair President of the BoardEmployer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employee Non Compete Agreement (Blackboxstocks Inc.), Employee Non Compete Agreement (Blackboxstocks Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chef Executive Officer of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Nutex Health, Inc.), Employment Agreement
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair an authorized officer of the BoardCompany. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Separation and Release of Claims Agreement (Sonoma Pharmaceuticals, Inc.), Separation and Release of Claims Agreement (Sonoma Pharmaceuticals, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chief Executive Officer or Chairman of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Form of Executive Employment Agreement (Cellceutix CORP), Executive Employment Agreement (Cellceutix CORP)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair Chief Executive Officer of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Separation and Release of Claims Agreement (MusclePharm Corp), Separation and Release of Claims Agreement (MusclePharm Corp)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification modifications is agreed to in writing and signed by the Executive Employee and an authorized officer of the Company, following approval by the Chair of Board or the BoardCompensation Committee. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto Party shall be deemed a waiver of any similar or dissimilar other provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Party in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employee Non Competition Agreement (Life Time Group Holdings, Inc.), Employee Non Competition Agreement (Life Time Group Holdings, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair General Counsel of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Separation Pay Agreement (ShockWave Medical, Inc.), Separation Pay Agreement (Shockwave Medical, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such the amendment or modification is agreed to in writing and signed by the Executive Director and by the Chair Chief Executive Officer of the BoardCompany. No waiver by either of the parties Party of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties any Party in exercising any right, power power, or privilege hereunder under this Agreement operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Separation and Release of Claims Agreement (Point of Care Nano-Technology, Inc.), Separation and Release of Claims Agreement (Point of Care Nano-Technology, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair a member of the Board (other than Executive) with the Board’s prior approval. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Angion Biomedica Corp.), Employment Agreement (Elicio Therapeutics, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair a duly authorized officer of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Rights Assignment Agreement (Kenloc, Inc.), Rights Assignment Agreement (Kenloc, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair Chief Legal Officer of the BoardEmployer. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Separation and Release of Claims Agreement (Teladoc Health, Inc.), Separation and Release of Claims Agreement (Teladoc Health, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair a duly authorized officer of the Board. Company (other than Executive), No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay delay’ by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.,
Appears in 2 contracts
Samples: Contribution Agreement (Liquid Holdings Group LLC), Contribution Agreement (Liquid Holdings Group LLC)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair a duly authorized officer of the BoardCompany, other than Employee. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Executive Employment Agreement (theMaven, Inc.), Employee Confidentiality and Proprietary Rights Agreement (Integrated Surgical Systems Inc)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair an authorized officer of the BoardCompany. No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Separation and Release of Claims Agreement (Gse Systems Inc), Separation and Release of Claims Agreement (Alteva, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by the Chair Chairman of the BoardCompany. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Diversified Restaurant Holdings, Inc.), Employment Agreement (Diversified Restaurant Holdings, Inc.)
Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive Employee and by the Chair Chief Executive Officer of the BoardEmployer (other than the Employee). No waiver by either of the parties Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Samples: Employment Agreement (Trans Lux Corp), Employment Agreement (TRANS LUX Corp)
