Common use of Modifications and Waivers Clause in Contracts

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 140 contracts

Samples: Employment Agreement (TScan Therapeutics, Inc.), Employment Agreement (TScan Therapeutics, Inc.), Employment Agreement (Music Licensing Inc.)

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Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 105 contracts

Samples: Employment Agreement (Clover Health Investments, Corp. /De), Employment Agreement (Shutterstock, Inc.), Employment Agreement (Clover Health Investments, Corp. /De)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 104 contracts

Samples: Employment Agreement (Vanda Pharmaceuticals Inc.), Employment Agreement (Lpath, Inc), Severance Agreement (Selectica Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 66 contracts

Samples: Letter Agreement (Collective Audience, Inc.), Letter Agreement (Sigma Additive Solutions, Inc.), Letter Agreement (Collective Audience, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the ExecutiveExecutive ). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 20 contracts

Samples: Employment Agreement (Clover Health Investments, Corp. /De), Employment Agreement (Clover Health Investments, Corp. /De), Employment Agreement (Clover Health Investments, Corp. /De)

Modifications and Waivers. No provision of this Agreement shall will be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to reflected in a writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 19 contracts

Samples: Employment Agreement (Karat Packaging Inc.), Employment Agreement (Karat Packaging Inc.), Employment Agreement (Karat Packaging Inc.)

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

Appears in 15 contracts

Samples: Executive Employment Agreement (Reviv3 Procare Co), Employment Agreement (BK Technologies Corp), Executive Employment Agreement (Reviv3 Procare Co)

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

Appears in 13 contracts

Samples: Employment Agreement (SKYX Platforms Corp.), Employment Agreement (Strong Global Entertainment, Inc.), Employment Agreement (Strong Global Entertainment, Inc.)

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

Appears in 13 contracts

Samples: Employment Agreement (Nn Inc), Employment Agreement (Nn Inc), Employment Agreement (Nn Inc)

Modifications and Waivers. No provision provisions of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by an authorized officer the Board of Directors of the Company (other than the Executive)Company. No waiver by 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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 11 contracts

Samples: Continuation Agreement (Republic Bancorp Inc /Ky/), Continuation Agreement (Republic Bancorp Inc /Ky/), Continuation Agreement (Republic Bancorp Inc /Ky/)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer member of the Company (other than the Executive)Compensation Committee. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 11 contracts

Samples: Employment Agreement (Twist Bioscience Corp), Employment Agreement (Twist Bioscience Corp), Employment Agreement (Twist Bioscience Corp)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)Board. No waiver by 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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 10 contracts

Samples: Employment Agreement (Giant Industries Inc), Employment Agreement (Giant Industries Inc), Employment Agreement (Giant Industries Inc)

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

Appears in 10 contracts

Samples: Employment Agreement (Hyde Park Acquisition CORP), Employment Agreement (Hyde Park Acquisition CORP), Employment Agreement (Hyde Park Acquisition CORP)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company Employer (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 8 contracts

Samples: Employment Agreement (Oncogenex Pharmaceuticals, Inc.), Employment Agreement (Oncogenex Pharmaceuticals, Inc.), Employment Agreement (Oncogenex Pharmaceuticals, Inc.)

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

Appears in 7 contracts

Samples: Employment Agreement (Orthostrategies Acquisition Corp), Employment Agreement (Langer Inc), Employment Agreement (Langer Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than authorized by the Executive)Company’s Board of Directors. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement, Employment Agreement (Natera, Inc.), Employment Agreement (Natera, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement (BRG Acquisition Corp), Employment Agreement (BRG Acquisition Corp), Employment Agreement (Peth Jack W)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement (Local Bounti Corporation/De), Employment Agreement (Local Bounti Corporation/De), Employment Agreement (Local Bounti Corporation/De)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer or director of the Company (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 5 contracts

Samples: Employment Agreement (Histogenics Corp), Employment Agreement (Histogenics Corp), Employment Agreement (Histogenics Corp)

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

Appears in 4 contracts

Samples: Employment Agreement (BTRS Holdings Inc.), Employment Agreement (BTRS Holdings Inc.), Employment Agreement (BTRS Holdings Inc.)

Modifications and Waivers. No provision of this Agreement ------------------------- shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 4 contracts

Samples: Employment Agreement (Iasiaworks Inc), Employment Agreement (Iasiaworks Inc), Employment Agreement (Iasiaworks Inc)

Modifications and Waivers. No provision of this ------------------------- Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 4 contracts

Samples: Employment Agreement (Iasia Works Inc), Employment Agreement (Iasiaworks Inc), Employment Agreement (Iasiaworks Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Grantee and by an authorized officer of the Company (other than the ExecutiveGrantee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 4 contracts

Samples: Performance Stock Unit Award Agreement for Company Employees (Eventbrite, Inc.), Performance Stock Unit Award Agreement for Company Employees (Eventbrite, Inc.), Performance Stock Unit Award Agreement for Company Employees (Eventbrite, Inc.)

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

Appears in 4 contracts

Samples: Consulting Agreement (Merica Corp.), Consulting Agreement (Merica Corp.), Consulting Agreement (Merica Corp.)

Modifications and Waivers. No provision of this Agreement shall ------------------------- be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company Company's Chief Executive Officer (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 4 contracts

Samples: Employment Agreement (Brio Technology Inc), Employment Agreement (Brio Technology Inc), Employment Agreement (Brio Technology Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). , No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (Monogram Biosciences, Inc.), Employment Agreement (Monogram Biosciences, Inc.), Employment Agreement (Virologic Inc)

Modifications and Waivers. No provision of this Agreement ------------------------- shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (Align Technology Inc), Joint Escrow Instructions (Crossworlds Software Inc), Employment Agreement (Crossworlds Software Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer of the Company Employer (other than the ExecutiveEmployee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros Holdings Inc)

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

Appears in 3 contracts

Samples: Employment Agreement (Best Energy Services, Inc.), Employment Agreement (Best Energy Services, Inc.), Employment Agreement (Best Energy Services, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (or other than person designated by the Executive)Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 3 contracts

Samples: Employment Agreement (SP Holding CORP), Employment Agreement (Organic to Go Food CORP), Employment Agreement (Organic to Go Food CORP)

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

Appears in 3 contracts

Samples: Stock Option Agreement (Orthostrategies Acquisition Corp), Stock Option Agreement (Langer Biomechanics Group Inc), Stock Option Agreement (Langer Biomechanics Group Inc)

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

Appears in 2 contracts

Samples: Executive Employment Agreement (Ballantyne Strong, Inc.), Non Qualified Stock Option Agreement (Ballantyne Strong, Inc.)

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

Appears in 2 contracts

Samples: Employment Agreement (Musicmusicmusic Inc), Employment Agreement (Musicmusicmusic Inc)

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

Appears in 2 contracts

Samples: Employment Agreement (Essex Rental Corp.), Employment Agreement (Essex Rental Corp.)

Modifications and Waivers. No provision of this Agreement shall may be amended, modified, waived or discharged unless the amendment, modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized Company officer of the Company (other than the Executive). No waiver by either party Executive or the Company of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Employment Agreement (Interpace Biosciences, Inc.), Employment Agreement (Interpace Biosciences, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer representative of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Employment Agreement (Movie Gallery Inc), Employment Agreement (Movie Gallery Inc)

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

Appears in 2 contracts

Samples: Employment Agreement (Network Connection Inc), Employment Agreement (Network Connection Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Executive and by Employee, an authorized officer of the Company (other than the Executive)Company. No waiver by either any party of any breach of, or of compliance with, any condition or provision of this Agreement by the any other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Incentive Agreement (Ask Jeeves Inc), Incentive Agreement (Ask Jeeves Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Consultant and by an authorized officer of the Company (other than the Executive)Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Consulting Agreement (Valueclick Inc/Ca), Consulting Agreement (Valueclick Inc/Ca)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is approved by the Board and agreed to in writing and signed by the Executive you and by an authorized officer of the Company or Board member (in any case, other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Confidentiality Agreement (Lyft, Inc.), Employment Agreement (Lyft, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Optionee and by an authorized officer of the Company (other than the ExecutiveOptionee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Share Option Agreement (Pivotal Holdings Corp), Terms and Conditions (Eventbrite, Inc.)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)Board. No waiver by 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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (Tracker Corp of America), Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 2 contracts

Samples: Employment Agreement (AltC Acquisition Corp.), Employment Agreement (AltC Acquisition Corp.)

Modifications and Waivers. No provision of this Agreement shall may be amended, modified, waived or discharged unless the amendment, modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized Company officer of the Company (other than the Executiveyou). No waiver by either party you or the Company of any breach of, or of compliance with, any condition or provision of this Letter Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Interpace Biosciences, Inc.)

Modifications and Waivers. No provision of this Agreement shall will be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to reflected in a writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Uber Technologies, Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the ExecutiveExecutive ). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.. (e)

Appears in 1 contract

Samples: Employment Agreement

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Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Director and by an authorized officer of the Company (other than the ExecutiveDirector). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Executive Directorship Agreement (Orgenesis Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer representative of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.. EMPLOYMENT AGREEMENT - 9

Appears in 1 contract

Samples: Employment Agreement (Movie Gallery Inc)

Modifications and Waivers. No provision of this Agreement shall may be ---- --------------------------- modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is ---- agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)Board. No waiver by 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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.. 6.18

Appears in 1 contract

Samples: Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No provision of this Agreement letter agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement letter agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Sublease Agreement (Advanced Container Technologies, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company Company's Chief Executive Officer (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Brio Software Inc)

Modifications and Waivers. No provision of this ------------------------- Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Joint Escrow Instructions (Crossworlds Software Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Uber Technologies, Inc)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)Board. No waiver by 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 the such other party shall be considered deemed a waiver of any other condition or provision similar or of dissimilar provisions or conditions a the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Company's Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Separation and Release Agreement (Brio Software Inc)

Modifications and Waivers. No provision of this Agreement shall may be modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Executive you and by an authorized such officer of Heritage as may be specifically designated by the Company (other than the Executive)Board. No waiver by 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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 1 contract

Samples: Heritage Property Investment Trust Inc

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the Executive)Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Terayon Communication Systems)

Modifications and Waivers. No provision of this Employment Agreement ------------------------- shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Company's Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Employment Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Brio Software Inc)

Modifications and Waivers. No provision of this Agreement shall ------------------------- be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Iasiaworks Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than authorized by the Executive)Company’s Board. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment  agreement (Natera, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer member of the Company Board of Directors (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Headwaters Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, amended, waived or discharged unless the modification, amendment, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Momentus Inc.)

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

Appears in 1 contract

Samples: Executive Employment Agreement (Ballantyne Strong, Inc.)

Modifications and Waivers. No provision of this Agreement shall ------------------------- be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Brio Technology Inc)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Contract CTA and by an authorized officer of the Company (other than the ExecutiveContract CTA). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Contract Cta Agreement (Cloud Security Corp.)

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

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Ballantyne Strong, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Onyx Software Corp/Wa)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.or

Appears in 1 contract

Samples: Employment Agreement (3dfx Interactive Inc)

Modifications and Waivers. No provision of this Agreement shall may be --- --------------------------- modified, waived or discharged unless the modificationsuch waiver, waiver modification or discharge is --- agreed to in writing and signed by the Executive and by an authorized such officer of the Company (other than as may be specifically designated by the Executive)Board. No waiver by 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 the such other party shall be considered deemed a waiver of any other condition similar or provision dissimilar provisions or of conditions at the same condition or provision at another any prior or subsequent time.. 6.9

Appears in 1 contract

Samples: Employment Agreement (Tracker Corp of America)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive you and by an authorized officer the Board of the Company (other than the Executive)Directors. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Arbitration Agreement (Anaplan, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than authorized by the Executive). Company's Board of Directors No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Amended Employment Agreement (Natera, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Synchronoss Technologies Inc)

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

Appears in 1 contract

Samples: Franklin Resources Inc

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive)Executive ) . No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Yumanity Therapeutics, Inc.)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive Employee and by an authorized officer of the Company (other than the Executive)Company’s Chief Executive Officer. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Terayon Communication Systems)

Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, of or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Align Technology Inc)

Modifications and Waivers. No provision of this Agreement shall will be modified, waived waived, or discharged unless the modification, waiver or discharge is agreed to reflected in writing and signed by the Executive you (or your authorized representative) and by an authorized officer of the Company (other than the Executiveyou). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall will be considered a waiver of any other condition or provision provision, or of the same condition or provision at another time.

Appears in 1 contract

Samples: Employment Agreement (Uber Technologies, Inc)

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