Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 314 contracts

Samples: Indemnification Agreement (Adagio Medical Holdings, Inc.), Indemnification Agreement (OneStream, Inc.), Indemnification Agreement (OneStream, Inc.)

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Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless and only to the extent executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 25 contracts

Samples: Indemnification Agreement (Nutanix, Inc.), Indemnification Agreement (Propanc Biopharma, Inc.), Employment Agreement (New Age Beverages Corp)

Modification and Waiver. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by the parties heretoParties thereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed to be or shall constitute a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 18 contracts

Samples: Form of Indemnification Agreement (Nesco Holdings, Inc.), Indemnification Agreement (Sunnova Energy International Inc.), Indemnification Agreement (Sunnova Energy International Inc.)

Modification and Waiver. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provision of this Agreement hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver. The indemnification rights afforded to the Indemnitee hereby are contract rights and may not be diminished, eliminated or otherwise affected by amendments to the Certificate of Incorporation or Bylaws of the Company or by other agreements.

Appears in 5 contracts

Samples: Indemnity Agreement (Davita Inc), Indemnity Agreement (Netlist Inc), Indemnity Agreement (Tetra Tech Inc)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her their Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnification Agreement (NKGen Biotech, Inc.), Indemnification Agreement (TriSalus Life Sciences, Inc.), Indemnification Agreement (Grindr Inc.)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her such Indemnitee’s Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Hawaiian Holdings Inc)

Modification and Waiver. No supplement, modification modification, or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration alteration, or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration alteration, or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (KBS International Holdings Inc.), Indemnification Agreement (KBS International Holdings Inc.), Indemnification Agreement (KBS International Holdings Inc.)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties heretoParties. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (Sushi Ginza Onodera, Inc.), Indemnification Agreement (HeartCore Enterprises, Inc.), Indemnification Agreement (HeartCore Enterprises, Inc.)

Modification and Waiver. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by the both parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provision of this Agreement provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver. However, no other agreement may impair Indemnitee’s rights under this Agreement, unless it is signed by the Indemnitee and expressly states that it is diminishing the rights of the Indemnitee under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Woodside Homes, Inc.), Indemnification Agreement (Red Rock Resorts, Inc.)

Modification and Waiver. No supplement, modification modification, amendment or amendment to waiver of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver. No amendment, alteration or repeal of this Agreement or any provision hereof shall adversely affect any limit or restrict the right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: ] Indemnity Agreement (Quanta Services Inc), ] Indemnity Agreement (Quanta Services Inc)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties heretoboth Parties. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Indemnitee’s Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Director Indemnification Agreement (BloomZ Inc.), Director Indemnification Agreement (Zerospo)

Modification and Waiver. No supplement, modification modification, or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration alteration, or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration alteration, or repeal. No waiver of any of the provisions provision of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Viad Corp), Indemnification Agreement (Viad Corp)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this -13- Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Miramar Labs, Inc.), Indemnification Agreement (Miramar Labs, Inc.)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee Indemnified Parties under this Agreement in respect of any action taken or omitted by such Indemnitee Director in his his, her or her its Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (YuMe Inc)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration alteration, repeal or repeal termination of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration alteration, repeal or repealtermination. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Novus Capital Corp)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement or any change in law shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repealrepeal or change in law. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Healthequity Inc)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver. 24.

Appears in 1 contract

Samples: Indemnification Agreement (EBR Systems, Inc.)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless in a writing executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Kraton Corp)

Modification and Waiver. No supplement, modification modification, termination or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Nkarta, Inc.)

Modification and Waiver. No supplement, modification modification, amendment, repeal, alteration, termination or amendment to cancellation of this Agreement or any provision or portion thereof shall be binding unless executed in writing by Indemnitee and the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repealCompany. No waiver of any of the provisions of this Agreement shall constitute or be effective unless in writing and executed by the party giving such waiver, nor shall any waiver be deemed or shall constitute a waiver of any other provision provisions of this Agreement (whether or not similar), nor shall any waiver of any provisions of this Agreement constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (SAVVIS, Inc.)

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Modification and Waiver. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee Executive under this Agreement in respect of any action taken or omitted by such Indemnitee Executive in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provision provisions of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Computer Task Group Inc)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.. ​

Appears in 1 contract

Samples: Indemnification Agreement (GLAUKOS Corp)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties heretoboth Parties. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Sustainable Green Team, Ltd.)

Modification and Waiver. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by both of the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provision of this Agreement provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver. Without the consent of Indemnitee, no amendment, alteration or termination of this Agreement or any provision hereof shall be effective as to Indemnitee with respect to any action taken or omitted by Indemnitee prior to such amendment, alteration or termination.

Appears in 1 contract

Samples: Agreement (Gtech Holdings Corp)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Indemnitee’s Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Rubrik, Inc.)

Modification and Waiver. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee Director under this Agreement in respect of any action taken or omitted by such Indemnitee Director in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provision provisions of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Computer Task Group Inc)

Modification and Waiver. No supplement, modification modification, or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration alteration, or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Turo Inc.)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of any Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Maxlinear Inc)

Modification and Waiver. No supplement, modification modification, or amendment to this Agreement shall will be binding unless executed in writing by the parties heretoparties. No amendment, alteration alteration, or repeal of this Agreement shall will adversely affect any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in his or her the Indemnitee’s Corporate Status prior to such amendment, alteration alteration, or repeal. No waiver of any of the provisions of this Agreement shall will constitute or be deemed a waiver of any other provision of this Agreement nor shall will any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Thorne Healthtech, Inc.)

Modification and Waiver. No supplement, modification modification, or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Vantage Health)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver. 25.

Appears in 1 contract

Samples: Indemnification Agreement (Standard Biotools Inc.)

Modification and Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to before such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provision of this Agreement nor shall any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Qualigen Therapeutics, Inc.)

Modification and Waiver. No supplement, modification modification, termination or amendment to this Agreement shall be binding unless executed in writing by both of the parties hereto. No amendment, alteration or repeal of this Agreement shall adversely affect any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. No waiver of any of the provisions of this Agreement shall constitute or be deemed or shall constitute a waiver of any other provision of this Agreement provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Emerald Expositions Events, Inc.)

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