Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 36 contracts

Samples: Severance Agreement (Peoples Energy Corp), Severance and Change in Control Agreement (Material Sciences Corp), Control Severance Agreement (Fpic Insurance Group Inc)

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Modification and Waiver. This Agreement may not be modified or amended or terminated except by an instrument in writing signed by the parties heretoparties. No term or condition of this Agreement shall will be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by of the party charged with such waiver or estoppelwaiver. No such written waiver shall will be deemed to be a continuing waiver unless specifically stated therein, and each such waiver shall will operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 19 contracts

Samples: Employment Agreement (Ames True Temper, Inc.), Employment Agreement (Ames True Temper, Inc.), Employment Agreement (Playtika Holding Corp.)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretoparties. No term or condition of this Agreement shall will be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by of the party charged with such waiver or estoppelwaiver. No such written waiver shall will be deemed to be a continuing waiver unless specifically stated therein, and each such waiver shall will operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 19 contracts

Samples: Employment Agreement (Vicorp Restaurants Inc), Employment Agreement (Electric Last Mile Solutions, Inc.), Employment Agreement (Vicorp Restaurants Inc)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 18 contracts

Samples: Change in Control Agreement (People's United Financial, Inc.), Change in Control Agreement (People's United Financial, Inc.), Employment Agreement (Maf Bancorp Inc)

Modification and Waiver. This Agreement may not be terminated, modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 15 contracts

Samples: Change in Control Severance Agreement (Stewardship Financial Corp), Change in Control Severance Agreement (Stewardship Financial Corp), Change in Control Severance Agreement (Stewardship Financial Corp)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 10 contracts

Samples: Severance Agreement (Unitil Corp), Severance Agreement (Unitil Corp), Severance Agreement (Unitil Corp)

Modification and Waiver. This Agreement may not be modified or amended except only by an instrument in writing signed by each of the parties heretoparties. No Except as otherwise provided in Section 2.11, no term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such any waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 9 contracts

Samples: Noncompetition Agreement (Stanley, Inc.), Noncompetition Agreement (Stanley, Inc.), Change in Control Severance Agreement (Stanley, Inc.)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. 17.

Appears in 7 contracts

Samples: Severance Agreement (Peoples Energy Corp), Severance Agreement (Peoples Energy Corp), Severance Agreement (Peoples Energy Corp)

Modification and Waiver. This Agreement may not be modified or amended or terminated except by an instrument in writing signed by the parties heretoParties. No term or condition of this Agreement shall will be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by of the party Party charged with such waiver or estoppelwaiver. No such written waiver shall will be deemed to be a continuing waiver unless specifically stated therein, and each such waiver shall will operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 7 contracts

Samples: Severance Agreement (Ames True Temper, Inc.), Employment Agreement (Ames True Temper, Inc.), Severance Agreement (Ames True Temper, Inc.)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 6 contracts

Samples: Change in Control Severance Agreement (First Place Financial Corp /De/), Agreement, medicine.tulane.edu

Modification and Waiver. This Agreement agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 5 contracts

Samples: University of Kansas Medical Center Resident Agreement, Tulane University School of Medicine Resident Agreement, Tulane University School of Medicine Resident Agreement

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing writing, signed by the parties heretoParties, and which specifically refers to this Agreement. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 5 contracts

Samples: Employment Agreement (Investar Holding Corp), Employment Agreement (TC Bancshares, Inc.), Employment Agreement (TC Bancshares, Inc.)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel es- toppel against the enforcement of any provision of this Agreement Xxxxxment except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition condi- tion for the future or as to any act other than that specifically waived. 14.

Appears in 4 contracts

Samples: Severance Agreement (Orange & Rockland Utilities Inc), Severance Agreement (Orange & Rockland Utilities Inc), Severance Agreement (Orange & Rockland Utilities Inc)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretoParties. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Unisource Energy Corp), Control Agreement (Tucson Electric Power Co), Control Agreement (Tucson Electric Power Co)

Modification and Waiver. (A) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (B) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Dimeco Inc), Change in Control Severance Agreement (Dimeco Inc), Change in Control Severance Agreement (Dimeco Inc)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived waiver and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Severance Agreement (Berkshire Energy Resources), Severance Agreement (Berkshire Energy Resources), Severance Agreement (Berkshire Energy Resources)

Modification and Waiver. This Agreement may not be modified ----------------------- or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Aquarion Co), Employment Agreement (Aquarion Co), Employment Agreement (Aquarion Co)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term terms or condition of this the Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 3 contracts

Samples: Employment Agreement (Harris & Harris Group Inc /Ny/), Employment Agreement (Harris & Harris Group Inc /Ny/), Employment Agreement (Harris & Harris Group Inc /Ny/)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretoparties. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed to be a continuing waiver unless specifically so stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waivedsubsequent act.

Appears in 2 contracts

Samples: First Place Bank (First Place Financial Corp /De/), Employment Agreement (First Place Financial Corp /De/)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument as agreed to in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future future, or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Non Competition, Non Solicitation, and Non Disclosure Agreement (Life on Earth, Inc.), Non Competition (First Community Bank Corp of America)

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Modification and Waiver. This Agreement may not be modified or ----------------------- amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 2 contracts

Samples: Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc)

Modification and Waiver. This Agreement may not be ----------------------- modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Change in Control Agreement (Waterstone Financial, Inc.)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. 10.

Appears in 1 contract

Samples: Special Termination Agreement (Lincoln Bancorp /In/)

Modification and Waiver. (a) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (b) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.a

Appears in 1 contract

Samples: Control Severance Agreement (Ps Financial Inc)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing writing, signed by the parties heretoParties, and which specifically refers to this Agreement. No term or IF " DOCVARIABLE "SWDocIDLocation" 1" = "1" " DOCPROPERTY "SWDocID" 4887-3863-9715 v.1" "" 4887-3863-9715 v.1 condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (TC Bancshares, Inc.)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement Agreement, except by written written, instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Patriot Bank Corp)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties heretoparties. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Control Agreement (Tucson Electric Power Co)

Modification and Waiver. This Agreement ------------------------ may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term terms or condition of this the Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.. 14

Appears in 1 contract

Samples: Employment Agreement (Harris & Harris Group Inc /Ny/)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be by any estoppel against the enforcement of any provision of this Agreement Agreement, except by written instrument signed by of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Employment Agreement (United Community Banks Inc)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing and signed by the parties heretoParties. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Xsunx Inc)

Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement except by written instrument signed by the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. 20.

Appears in 1 contract

Samples: Employment Agreement (Tucson Electric Power Co)

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