Common use of Waiver and Amendments Clause in Contracts

Waiver and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Company and the Executive or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. This Agreement and all compensation derived therefrom are intended not to constitute compensation deferred under a nonqualified deferred compensation plan as contemplated in Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Accordingly, notwithstanding any other provision of this Agreement, the provisions of this Agreement will be interpreted consistent with the preceding sentence, and the Agreement may be modified to the minimum extent necessary, as agreed upon by the Company and the Executive, to comply with the requirements of Section 409A of the Code and the regulations promulgated thereunder.

Waiver and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Company and the Executive parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. This Agreement and all compensation derived therefrom are intended not to constitute compensation deferred under No waiver by the Company or the Executive of a nonqualified deferred compensation plan as contemplated in Section 409A breach of, or of a default under, any of the Internal Revenue Code of 1986, as amended (the “Code”). Accordingly, notwithstanding any other provision provisions of this Agreement, nor the Company’s or the Executive’s failure on one or more occasions, to enforce any of the provisions of this Agreement will or to exercise any right or privilege hereunder shall thereafter be interpreted consistent with the preceding sentenceconstrued as a waiver of any subsequent breach or default of a similar nature, and the Agreement may be modified or as to the minimum extent necessarywaiver of any such provision, as agreed upon by the Company and the Executiverights, to comply with the requirements of Section 409A of the Code and the regulations promulgated thereunderor privileges hereunder.

Waiver and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Company and the Executive Parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. This Agreement and all compensation derived therefrom are intended not to constitute compensation deferred under a nonqualified deferred compensation plan as contemplated in Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Accordingly, notwithstanding any other provision of this Agreement, the provisions of this Agreement will be interpreted consistent with the preceding sentence, and the Agreement may be modified to the minimum extent necessary, as agreed upon by the Company and the Executive, to comply with the requirements of Section 409A of the Code and the regulations promulgated thereunder.

Waiver and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof of this Agreement may be waived, waived only by a written instrument writing signed by the Company and the Executive parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall under this Agreement will operate as a waiver thereofof that right, power or privilege, nor shall will any waiver on the part of any a right, power or privilege hereunder, nor any single or partial on a particular occasion preclude exercise of any that right, power or privilege hereunder, preclude any other or further exercise thereof or on a different occasion the exercise of any other right, power or privilege hereunderunder this Agreement. This Agreement and all compensation derived therefrom from this Agreement are intended not to constitute compensation deferred under a nonqualified deferred compensation plan as contemplated in Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Accordingly, notwithstanding any other provision of this Agreement, the provisions of this Agreement will be interpreted consistent with the preceding sentence, and the this Agreement may be modified to the minimum extent necessary, as agreed upon by the Company and the Executive, to comply with the requirements of Section 409A of the Code and the regulations promulgated thereunder.