Common use of Modification of Agreement Clause in Contracts

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 277 contracts

Samples: Stock Option Award Agreement (Aaron Rents Inc), Nonqualified Stock Option Agreement (Krispy Kreme Doughnuts Inc), Stock Option Award Agreement (Aaron Rents Inc)

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Modification of Agreement. This Agreement may be modified, amended, suspended suspended, or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 52 contracts

Samples: Restricted Stock Award Agreement (Acuity Brands Inc), Nonqualified Stock Option Agreement (Acuity Brands Inc), Incentive Stock Option Agreement (Zep Inc.)

Modification of Agreement. This Agreement may be modified, amended, suspended suspended, or terminated, and any terms or conditions may be waived, but only by a written instrument executed by mutual agreement of the parties heretoin writing.

Appears in 35 contracts

Samples: Restricted Stock Award Agreement (Zep Inc.), Restricted Stock Award Agreement (Zep Inc.), Restricted Stock Award Agreement (Acuity Brands Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto, except as otherwise permitted under the Plan.

Appears in 27 contracts

Samples: Share Unit Award Agreement (MRC Global Inc.), Share Unit Award Agreement (MRC Global Inc.), Share Unit Award Agreement (MRC Global Inc.)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but but, subject to the terms and conditions of the Plan and this Agreement, only by a written instrument executed by the parties hereto.

Appears in 23 contracts

Samples: Performance Unit Award Agreement (Engility Holdings, Inc.), Restricted Stock Unit Agreement (Engility Holdings, Inc.), Performance Share Award Agreement (Engility Holdings, Inc.)

Modification of Agreement. This Except as set forth in the Plan and herein, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 22 contracts

Samples: Restricted Stock Grant Agreement (MDC Partners Inc), Restricted Stock Grant Agreement (MDC Partners Inc), Restricted Stock Agreement (MDC Partners Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 22 contracts

Samples: Stock Option Agreement (Vail Banks Inc), Stock Option Agreement (Trimax Corp), Stock Appreciation Rights Agreement (BlueLinx Holdings Inc.)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties Parties hereto.

Appears in 21 contracts

Samples: Restricted Stock Unit Award Agreement (Tim Hortons Inc.), Restricted Stock Unit Award Agreement (Tim Hortons Inc.), Restricted Stock Unit Award Agreement (Tim Hortons Inc.)

Modification of Agreement. This Agreement may be modified, amended, suspended supplemented or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the both parties hereto; provided that the Company may modify, amend, supplement or terminate this Agreement in a writing signed by the Company without any further action by you if such modification, amendment, supplement or termination does not adversely affect your rights hereunder.

Appears in 21 contracts

Samples: Agreement (Quorum Health Corp), Performance Based Restricted Stock Award Agreement (Community Health Systems Inc), Award Agreement (Quorum Health Corp)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the both parties hereto.

Appears in 14 contracts

Samples: Restricted Stock Award Agreement (Community Health Systems Inc), Restricted Stock Award Agreement (Community Health Systems Inc), Restricted Stock Award Agreement (Community Health Systems Inc)

Modification of Agreement. This Except as expressly otherwise provided herein, this Agreement may not be modified, amended, suspended or terminated, and any terms or conditions may not be waived, but only except by a written instrument executed by the parties hereto.

Appears in 12 contracts

Samples: Option Agreement (United Community Banks Inc), Stock Option Award Agreement (United Community Banks Inc), Agreement (United Community Banks Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended suspended, or terminated, and any terms or conditions may be waived, but only by a written instrument executed by mutual agreement of the parties heretoin writing except as otherwise provided in Section 19.1 of the Plan.

Appears in 10 contracts

Samples: Tandem Restricted Stock and Cash Award Agreement (Orion Energy Systems, Inc.), Restricted Stock Award Agreement (Orion Energy Systems, Inc.), Restricted Stock Award Agreement (Orion Energy Systems, Inc.)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but but, subject to paragraphs 6.5 and 10.1 and to the terms and conditions of the Plan, only by a written instrument executed by the parties hereto.

Appears in 9 contracts

Samples: Nonqualified Stock Option Agreement (L 3 Communications Holdings Inc), Nonqualified Stock Option Agreement (L 3 Communications Holdings Inc), Nonqualified Stock Option Agreement (L 3 Communications Holdings Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but by the Company provided, however, that any such modification, amendment, suspension, termination or waiver that adversely alters or impairs any rights or obligations under this Option may be made only by a written instrument executed by the parties hereto.

Appears in 7 contracts

Samples: Stock Option Agreement (Zhone Technologies Inc), 2001 Stock Incentive Plan (Zhone Technologies Inc), 2001 Stock Incentive Plan Stock Option Agreement (Dasan Zhone Solutions Inc)

Modification of Agreement. This Except as provided in Section 8, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 6 contracts

Samples: 2001 Stock Incentive Plan (Hancock Fabrics Inc), Nonqualified Stock Option Agreement (Hancock Fabrics Inc), Option Agreement (Hancock Fabrics Inc)

Modification of Agreement. This Except as provided in Section 9, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 6 contracts

Samples: Nonqualified Stock Option Agreement (Internet Security Systems Inc/Ga), Incentive Stock Option Agreement (Internet Security Systems Inc/Ga), Option Agreement (Turbochef Technologies Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended suspended, or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties heretoparties.

Appears in 6 contracts

Samples: Restricted Stock Grant Agreement (CoJax Oil & Gas Corp), Restricted Stock Grant Agreement (CoJax Oil & Gas Corp), Restricted Stock Grant Agreement (CoJax Oil & Gas Corp)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties heretoCompany and, if such change is materially adverse to or imposes any additional obligation on Participant, by Participant.

Appears in 5 contracts

Samples: Performance Based Phantom Stock Agreement (Marvel Entertainment, Inc.), Restricted Stock Agreement (Marvel Enterprises Inc), Exhibit (Marvel Enterprises Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto. 6 13.

Appears in 4 contracts

Samples: Stock Option Agreement (Worldcall Corp), Stock Option Agreement (Worldcall Corp), Stock Option Agreement (Worldcall Corp)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or and conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 4 contracts

Samples: Stock Option Agreement (Plains Resources Inc), Stock Option Agreement (Plains Resources Inc), Stock Option Agreement (Plains Resources Inc)

Modification of Agreement. This Agreement may only be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only waived by a written instrument executed by the parties hereto.

Appears in 3 contracts

Samples: Repurchase and Option Award Agreement (Tellium Inc), Option Award Agreement (Tellium Inc), Loan Forgiveness Agreement (Tellium Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended suspended, or terminated, and or any of the terms or conditions may be hereof waived, but only by a written instrument executed by the parties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Jakks Pacific Inc), Employment Agreement (Jakks Pacific Inc), Employment Agreement (Jakks Pacific Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but by the Company; provided, however, that any such modification, amendment, suspension, termination or waiver that adversely alters or impairs any rights or obligations under this Share Award may be made only by a written instrument executed by the parties hereto.

Appears in 2 contracts

Samples: Agreement (Tellium Inc), Agreement (Tellium Inc)

Modification of Agreement. This Agreement may can be modified, amended, suspended or terminated, and any terms or conditions may can be waived, but only by a written instrument executed by the parties hereto.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Allied Holdings Inc), 2003 Stock Agreement (Allied Holdings Inc)

Modification of Agreement. This Agreement may not be modified, amended, suspended released, discharged, rescinded or terminatedabandoned, and any terms or conditions may be waived, but only except by a written instrument agreement duly executed by each of the parties hereto.

Appears in 2 contracts

Samples: Development Office, www.scasd.org

Modification of Agreement. This Agreement may be modified, amended, suspended or terminatedterminated in accordance with the Plan, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 2 contracts

Samples: Stock Option Agreement (Robbins Charles H), Stock Option Agreement (Robbins Charles H)

Modification of Agreement. This Except as provided in Sections 3.3, 7 and 9, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 2 contracts

Samples: Restricted Stock Units Agreement (Turbochef Technologies Inc), Restricted Stock Units Agreement (Turbochef Technologies Inc)

Modification of Agreement. This Agreement may be modified, ------------------------- amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Tellium Inc), Stock Option Agreement (Platinum Technology International Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto; provided, however, that this Agreement may be amended without the consent of the Holder if such amendment is not adverse in any material respect to the Holder or to the extent necessary to comply with the requirements of Section 409A of the Internal Revenue Code.

Appears in 2 contracts

Samples: Incentive Award Agreement (Intersections Inc), Incentive Award Agreement (Intersections Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.. * * *

Appears in 2 contracts

Samples: Repurchase Agreement (Tellium Inc), Repurchase Agreement (Tellium Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but but, subject to paragraphs 6.4 and 10.1, only by a written instrument executed by the parties hereto.

Appears in 2 contracts

Samples: Stock Option Agreement (L 3 Communications Holdings Inc), Option Agreement (Southern California Microwave Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto; provided, however, that this Agreement may be amended without the consent of the Holder if and to the extent necessary to comply with the requirements of Section 409A of the Internal Revenue Code.

Appears in 2 contracts

Samples: Rsu Award Agreement (Intersections Inc), Rsu Award Agreements (Intersections Inc)

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Modification of Agreement. This Agreement may be modified, only amended, suspended modified or terminated, and any terms or conditions may be waived, but only waived by a written instrument executed writing signed by the parties heretoduly authorized to do so.

Appears in 2 contracts

Samples: Retirement Agreement (State Street Corp), Memorandum of Agreement (State Street Corp)

Modification of Agreement. This Agreement may be modified, amended, ------------------------- suspended or terminated, and any terms or conditions may be waived, but terminated only by a written instrument executed by the parties hereto.

Appears in 2 contracts

Samples: Exhibit 99 (Jwgenesis Financial Corp /), Agreement (Jwgenesis Financial Corp /)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties heretoCompany; provided that no such action may be taken which adversely affects the rights of the Participant, except to the extent such action is required by statute, or rules and regulations promulgated thereunder, or as otherwise permitted hereunder.

Appears in 2 contracts

Samples: Performance Share Award Agreement (ServisFirst Bancshares, Inc.), Restricted Stock Award Agreement (ServisFirst Bancshares, Inc.)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.. QUALIFIED STOCK OPTION AGREEMENT

Appears in 2 contracts

Samples: Qualified Stock Option Agreement (Manchester Inc), Qualified Stock Option Agreement (Manchester Inc)

Modification of Agreement. This Except as expressly provided in this Agreement and in the Plan, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Orion Healthcorp Inc)

Modification of Agreement. This Except as set forth in the Plans and herein, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Restricted Stock Agreement (Department 56 Inc)

Modification of Agreement. This Agreement may only be amended, modified, amended, suspended or terminated, and any terms or conditions may be waived, but only waived by a written instrument executed writing signed by the parties heretoduly authorized to do so.

Appears in 1 contract

Samples: Memorandum of Agreement (State Street Corp)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only terminated by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Engility Holdings, Inc.)

Modification of Agreement. This Except as otherwise provided in the Plan, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Plains Exploration & Production Co)

Modification of Agreement. This Agreement agreement may be modified, amended, suspended or terminatedcancelled, and any terms or conditions may be a provision hereof waived, but in whole or in part, only by means of a written instrument executed by all of the parties heretohereto expressly stating an agreement to so modify, amend, cancel, or waive.

Appears in 1 contract

Samples: Membership Terms and Conditions Agreement

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms terms, covenants, representations or conditions may be waived, but only by a written instrument consistent with the provisions of the Plan and executed by the parties hereto.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Firstfed Financial Corp)

Modification of Agreement. This Except as set forth herein, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Restricted Stock Grant Agreement (MDC Partners Inc)

Modification of Agreement. This Except as provided in Section 2.2 above, this Agreement may be modified, amended, suspended suspended, or terminated, and or any of the terms or conditions may be hereof waived, but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Jakks Pacific Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties heretoRock Bottom and Participant.

Appears in 1 contract

Samples: Long Term Incentive Agreement (Rock Bottom Restaurants Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a later written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Restricted Stock Agreement (Radioshack Corp)

Modification of Agreement. This Agreement may be modified, amended, ------------------------- suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Restricted Stock Agreement (Tellium Inc)

Modification of Agreement. This Except as provided in Section 8 and Section 10, this Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Servidyne, Inc.)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto; provided, however, that this Agreement may be amended without the consent of the Holder if such amendment is not adverse in any material respect to the Holder or to the extent necessary to comply with the requirements of Section 409A of the Internal Revenue Code or as contemplated under the Plan, including without limitation pursuant to Section 15 of the Plan.

Appears in 1 contract

Samples: Incentive Award Agreement (Intersections Inc)

Modification of Agreement. This Except as provided in Section 14, this Agreement may not be modified, amended, suspended or terminated, and any terms or conditions may not be waived, but only except by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Siebel Systems Inc)

Modification of Agreement. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but but, subject to paragraph 10.1 and to the terms and conditions of the Plan, only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (L 3 Communications Holdings Inc)

Modification of Agreement. This The parties may modify, amend, suspend or terminate this Agreement or may be modified, amended, suspended or terminated, and waive any terms or conditions may be waived, of this Agreement but only by a written instrument executed by the parties hereto.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (United Community Banks Inc)

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