Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions Any of the terms or conditions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed at any time by the Executive and party which is entitled to the Companybenefits thereof. No waiver by any party hereto at any time of any breach by of the other party hereto of, or compliance with, any condition or provision provisions of this Agreement to be performed by such other party shall be deemed to or shall constitute a waiver of similar any other provision hereof (whether or dissimilar provisions or conditions at the same or at any prior or subsequent timenot similar).

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyCenterState. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyeach party. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions Except as otherwise specifically provided in this Agreement, no provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties. No waiver by any either party hereto at any time of any breach by the other party hereto to this Agreement of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent similar time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be ----------------------- modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waivermodification, modification waiver or discharge is agreed to in a writing and signed by the Executive you and the Companychair of the Board. No waiver by any party hereto to this Agreement at any time of any breach by the other another party hereto to this Agreement of, or of compliance with, any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representation, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any party hereto at any time of any breach by the other another party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyFBMS. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions Except as otherwise specifically provided in this Agreement, no provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by both the Executive Company and the CompanyExecutive. No waiver by any party hereto at any time by either party to this Agreement of any breach by the other party hereto of, or compliance failure to comply with, any condition or provision of this Agreement to be performed by such other party hereof shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent similar time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the CompanyBoard. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such that waiver, modification or discharge is agreed to in writing by Executive and signed such officer as may be specifically designated by the Executive and Board of Directors of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such that other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Compensation Committee of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyAmeris. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanySunLink. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such a waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeparties hereto.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions Except as otherwise provided below, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the any other party hereto of, or of compliance with, any term or condition or provision of this Agreement to be performed by such any other party shall be deemed party, at any time, will constitute a waiver of similar or dissimilar provisions terms or conditions at the same that time or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Employee and such officer as may be specifically designated by the Executive and the CompanyBoard. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the CompanyParties. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modifiedamended, modified or waived or discharged unless except by a writing signed by an authorized representative of the party against whom such waiveramendment, modification or discharge waiver is agreed to in writing and signed by the Executive and the Companyasserted. No waiver by or any party hereto at failure or omission to enforce any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party or any claim or right arising hereunder shall be deemed to be a waiver of similar any other provision of this Agreement or dissimilar provisions any other claim or conditions at the same or at any prior or subsequent timeright arising hereunder.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive Employee and by an executive officer of the CompanyCompany (other than the Employee) authorized by the Board in writing. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived modified or discharged amended unless such waiver, modification or discharge amendment is authorized by the Board and is agreed to in writing and signed by the Executive Employee and the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time. No agreement or representations, oral or otherwise, express or implied, with respect to the employment of the Employee by the Company have been made by either party which are not set forth expressly in this Agreement.

Modification and Waiver. No provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Employee and such officer as may be specifically designated by the Executive and Board of Directors of the CompanyCorporation. No waiver by any either party hereto at any time of any breach by the other party hereto ofhereof, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the CompanyBoard. No waiver by any either party hereto at any time of any breach by the other party hereto of, ,: or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the CompanyEmployer. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may will be modified, waived amended, waived, or discharged unless such the modification, amendment, waiver, modification or discharge is agreed to in writing and signed by the Employee and by the Chief Executive and Officer of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall will be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyBFC. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Chief Executive Officer of the Company. No waiver by any party hereto at any time either of the Parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions at the same or at any prior or subsequent timecondition.

Modification and Waiver. No provisions provision of this Agreement may shall be modified, waived amended, waived, or discharged unless such the modification, amendment, waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and by the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Chief Executive Officer of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Lead Independent Director of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and an executive officer of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement ------------------------- may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the CompanyBoard. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, amended, waived or discharged unless such waiver, amendment, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No The waiver by either party to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver by either party hereto at any time of any breach by of any of the other party hereto of, or compliance with, any condition or provision terms and conditions of this Agreement to Agreement, shall not be performed by construed as thereafter waiving any such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or at any prior or subsequent timewaiver had occurred.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by Chairman of the Board of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may ----------------------- be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, with any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Executive, the Bank, and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed duly executed by the Executive and party to be charged with the Companywaiver or modification. No The waiver by any party hereto at any time either the Company or Employee of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same provision by the other party hereto of, or compliance with, any condition or a waiver of a breach of another provision of this Agreement to be performed by such the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeparty.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time either of the Parties of any breach by the other party hereto of, Party or compliance with, of any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar any other breach or dissimilar provisions or conditions provision at the same or at any prior or subsequent other time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this ----------------------- Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and the Company. No waiver by any a party hereto at any time of any breach by the other another party hereto of, or compliance with, with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement ----------------------- may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and the Company. No waiver by any a party hereto at any time of any breach by the other another party hereto of, or compliance with, with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and an executive officer of the CompanyCompany who is also a member of the Board. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be ----------------------- modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may agreement shall be modified, waived or discharged unless such waiverthe modification, modification waiver or discharge is agreed to in writing and signed by you and by an authorized officer of the Executive and the CompanyCompany(other than you). No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed agreement by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Modification and Waiver. No provisions of this Agreement may be ----------------------- modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of provision in this Agreement may shall be modified, waived waived, or discharged unless such the modification, waiver, modification or discharge is agreed to in writing writing, specifying such modification, waiver, or discharge, and signed by the Executive and the CompanyPractice. No waiver by any party hereto at any time of or any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other another party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, Employment Agreement (Cont.) any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may shall be modified, waived amended, waived, or discharged unless such the modification, amendment, waiver, modification or discharge is agreed to in writing and signed by Employee and by the Chief Executive and Officer of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Compensation Committee Chairperson of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party Party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar any other breach or dissimilar provisions or conditions provision at the same or at any prior or subsequent other time.

Modification and Waiver. No provisions of this Agreement ---------------------- may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and the Company. No waiver by any a party hereto at any time of any breach by the other another party hereto of, or compliance with, with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CompanyChairperson of the Compensation Committee of the Board. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, the amendment or modification or discharge is agreed to in writing and signed by the Executive Recipient and by a duly authorized representative of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.hereto

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any party hereto at any time of any breach by the other another party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed deemd a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.. Section 4.11

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CompanyChairman of the Board. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Restricted Parties, and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeTIX.

Modification and Waiver. No provisions Except as otherwise provided below, no provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Employee and the Company. No waiver by any party hereto at any time of any breach by the any other party hereto of, or of compliance with, any term or condition or provision of this Agreement to be performed by such any other party shall be deemed party, at any time, will constitute a waiver of similar or dissimilar provisions terms or conditions at the same that time or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be ----------------------- amended, modified, waived or discharged unless such waiveramendment, modification modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and the Companyby an authorized officer of Company designated by Company for such purpose. No waiver by any of either party hereto at any time of any breach by the other party hereto of, of or compliance with, with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the CompanyEmployer. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Xxxxxxxx and such officer of the Executive and Company as may be specifically designated by the CompanyBoard. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by a duly authorized representative of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing and signed by the Executive and the Companyeach party. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyeach party. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modifiedamended, modified or waived or discharged unless such waiveramendment, modification or discharge is waiver shall be agreed to in writing and signed by the Executive Employee and by a person duly authorized by the Board of the Company. No Any waiver by any either party hereto at any time of any breach by of any of the other party hereto of, or compliance with, any condition or provision terms of this Agreement to shall not be performed by such other party shall be deemed considered a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timebreach.

Modification and Waiver. No provisions provision of this Agreement may be ----------------------- modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, with any condition or provision of this Agreement to be performed by such other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions Except as otherwise specifically provided in this Agreement, no provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by both the Executive Company and the CompanyAdvisor. No waiver by any party hereto at any time by either party to this Agreement of any breach by the other party hereto of, or compliance failure to comply with, any condition or provision of this Agreement to be performed by such other party hereof shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent similar time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. Employment Agreement (Cont.)

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Consultant and such officer as may be specifically designated by the Executive and the CompanyBoard. No waiver by any either party hereto at any time of any breach by the other party hereto of, ,: or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Executive Chairman of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may shall be ----------------------- modified, waived or discharged unless such waiverthe modification, modification waiver or discharge is agreed to in writing and signed by the Executive Employee and the Companyby an authorized officer of Company (other than Employee). No waiver by any either party hereto at any time of any breach by the other party hereto of, or of compliance with, any condition or provision of this Agreement to be performed by such the other party shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyCBAN. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions This Agreement may be amended, modified, waived, discharged, or terminated only by a subsequent writing duly executed by authorized representatives of each of the parties. Any of the terms or conditions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed at any time by the Executive and party which is entitled to the Companybenefits thereof. No waiver by any party hereto at any time of any breach by of the other party hereto of, or compliance with, any condition or provision provisions of this Agreement to be performed by such other party shall be deemed to or shall constitute a waiver of similar any other provisions hereof (whether or dissimilar provisions or conditions at the same or at any prior or subsequent timenot similar).

Modification and Waiver. No provisions provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification modification, or discharge is agreed to in a writing and signed by the Executive Director and the CompanySMBK. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Companyparties hereto. No waiver by any party hereto at any time of any breach by the other another party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.. Section 4.11

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Executive, BayCom and each of the Executive and the Companyother parties hereto. No waiver by any party hereto at any time of any breach by the other another party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and the Company. No Any waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision term of this Agreement to be performed by such other a party shall not be deemed a waiver of similar any other provision or dissimilar provisions condition of this Agreement, nor shall the failure of or conditions at the same delay in exercising any right, power, or at any prior privilege under this Agreement operate as a waiver of such right, power, or subsequent timeprivilege.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CompanyChief Executive Officer or the Chairperson of the Compensation Committee of the Board. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such that waiver, modification or discharge is agreed to in writing by Employee and signed that officer as may be specifically designated by the Executive and Board of Directors of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such that other party shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, the amendment or modification or discharge is agreed to in writing and signed by the Executive Recipient and by a duly authorized representative of the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time., nor shall the failure of or delay by either party hereto in exercising any

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Employee and such officer of the Executive and Company as may be specifically designated by the CompanyBoard. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the CompanyBoard. No waiver by any party hereto at any time either of the Parties of any breach by the other party hereto of, or compliance with, Party of any condition or provision of this Agreement to be performed by such the other party Party shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Director and the CompanyBayCom. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Lead Independent Director of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.. ​

Modification and Waiver. No provisions provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Restricted Party and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive Director and by the Compensation Committee of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.of

Modification and Waiver. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive Consultant and the Company. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Modification and Waiver. No provisions provision of this Agreement agreement may be modified, waived modified or discharged amended unless such waiver, modification or discharge amendment is authorized by the Board and is agreed to in writing and signed by the Executive and the Company. No waiver by any either party hereto at any time of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such other party shall agreement will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time. No agreement or representations, oral or otherwise, express or implied, with respect to the employment of the Executive by the Company have been made by either party which are not set forth expressly in this agreement.

Modification and Waiver. No provisions provision of this Agreement may be modified, waived amended or discharged modified unless such waiver, amendment or modification or discharge is agreed to in writing and signed by the Executive and by the Lead Independent Director of the Board of Directors of the Company. No waiver by any party hereto at any time either of the parties of any breach by the other party hereto of, or compliance with, of any condition or provision of this Agreement to be performed by such the other party hereto shall be deemed a waiver of any similar or dissimilar provisions provision or conditions condition at the same or at any prior or subsequent time.. ​ ​ ​