Common use of Waiver of Breach Clause in Contracts

Waiver of Breach. A waiver by either party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 57 contracts

Samples: Executive Employment and Non Competition Agreement (Papa Murphy's Holdings, Inc.), Employment Agreement (Cedar Fair L P), Employment Agreement (Tesspay Inc.)

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Waiver of Breach. A waiver by either party the Company or the Executive of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 57 contracts

Samples: Employment Agreement (Mallinckrodt PLC), Employment Agreement (Mallinckrodt PLC), Employment and Non Competition Agreement (EnergySolutions, Inc.)

Waiver of Breach. A The waiver by either a party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyparty in breach.

Appears in 44 contracts

Samples: Retirement and Consulting Agreement (Southwestern Energy Co), Asset Purchase Agreement (Nevada Gold & Casinos Inc), Patent Purchase Agreement and Consulting Agreement (Bioadaptives, Inc.)

Waiver of Breach. A The waiver by either party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by such party. No waiver shall be valid unless in writing and signed by an authorized officer of the other partyCompany or Consultant.

Appears in 42 contracts

Samples: Consulting Services Agreement (Itec Environmental Group Inc), Corporate Development Consulting Services Agreement (CanAm Uranium Corp), Consulting Services Agreement (Liquid Spins, Inc.)

Waiver of Breach. A The waiver by either party the Company or Employee of any the breach of any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other or subsequent breach by the other partythat Party.

Appears in 41 contracts

Samples: Employment Agreement (Chembio Diagnostics, Inc.), Employment Agreement (Chembio Diagnostics, Inc.), Employment Agreement (Chembio Diagnostics, Inc.)

Waiver of Breach. A waiver by either party the Company or the Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by of the other party.

Appears in 35 contracts

Samples: Separation Pay Agreement (Wright Medical Group Inc), Separation Pay Agreement (Wright Medical Group Inc), Separation Pay Agreement (Vapotherm Inc)

Waiver of Breach. A waiver by either party the Company or Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 34 contracts

Samples: Employment Agreement (Regen BioPharma Inc), Employment Agreement (Bio-Matrix Scientific Group, Inc.), Employment Agreement (Zander Therapeutics, Inc)

Waiver of Breach. A waiver by either party the Company or the Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 33 contracts

Samples: Employment Agreement (Teva Pharmaceutical Industries LTD), Employment Agreement (Veritas Farms, Inc.), Employment Agreement (Veritas Farms, Inc.)

Waiver of Breach. A The waiver by either any party of any a breach of any condition or provision of this Agreement to be performed by the such other party shall not operate or be construed as to be a waiver of a similar or dissimilar provision or condition at the same or any other prior or subsequent breach by the other partytime.

Appears in 29 contracts

Samples: Employment Agreement (Advance Auto Parts Inc), Employment Agreement (Advance Auto Parts Inc), Agreement (Advance Auto Parts Inc)

Waiver of Breach. A waiver by either party the Company or the Employee of any a breach of any provision of this Employment Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 22 contracts

Samples: Employment Agreement (VWR International, Inc.), Employment Agreement (VWR International, Inc.), Employment Agreement (VWR International, Inc.)

Waiver of Breach. A The waiver by either party Party of any a breach of any provision of this the Agreement by the other party Party shall not operate or be construed as a waiver by such Party of any other or subsequent breach by the such other partyParty.

Appears in 21 contracts

Samples: Agreement for Severance Benefits and Restrictive Covenants (IASIS Healthcare LLC), Executive Employment Agreement of Pete Scully (Private Business Inc), Employment Agreement (Southdown Inc)

Waiver of Breach. A waiver by either party the Company or the Executive of any a breach of any provision of this the Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 19 contracts

Samples: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)

Waiver of Breach. A The waiver by either party of any a breach of any provision of this Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach by the such other party.

Appears in 17 contracts

Samples: Employment Agreement (Nationsrent Companies Inc), Employment Agreement (Childrens Place Retail Stores Inc), Employment Agreement (Nationsrent Companies Inc)

Waiver of Breach. A waiver by either party the Company or the Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 16 contracts

Samples: Employment Agreement (Dp & D Inc), Employment Agreement (Vasomedical Inc), Employment Agreement (Herley Industries Inc /New)

Waiver of Breach. A waiver by either party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver or estoppel of any other or subsequent breach by the such other party. No waiver shall be valid unless in writing and signed by an authorized officer of the Employer or by the Executive, as the case may be.

Appears in 15 contracts

Samples: Employment Agreement (Zebra Technologies Corp), Employment Agreement (Zebra Technologies Corp/De), Employment Agreement (Zebra Technologies Corp/De)

Waiver of Breach. A Any waiver by either party a Party of any a breach of any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other or any subsequent breach by the other partybreach.

Appears in 14 contracts

Samples: Employment Agreement (Avant Technologies Inc.), Employment Agreement (Ace Cash Express Inc/Tx), Executive Employment Agreement (Ace Cash Express Inc/Tx)

Waiver of Breach. A The waiver by of either party the Company or Employee of any a breach of any provision of this Employment Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by either the other partyCompany or Employee. Any such waiver must be in writing signed by the party against whom the waiver is sought to be enforced or asserted.

Appears in 13 contracts

Samples: Employment Agreement (Skyynet Cloud Systems, Inc.), Employment Agreement (Skyynet Cloud Systems, Inc.), Employment Agreement (N-Viro International Corp)

Waiver of Breach. A waiver by either party the Corporation or Employee of any a breach of any provision of this Agreement by the other party shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 13 contracts

Samples: Employment Agreement (Weirton Steel Corp), Employment Agreement (Weirton Steel Corp), Employment Agreement (Weirton Steel Corp)

Waiver of Breach. A waiver by either party the Company or the Executive of any a breach of any provision of this Employment Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 12 contracts

Samples: Employment Agreement (Medical Transcription Billing, Corp), Employment Agreement (Medical Transcription Billing, Corp), Executive Employment Agreement (CareCloud, Inc.)

Waiver of Breach. A The waiver by either a party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach of the same or any other provision hereof by the other that party.

Appears in 11 contracts

Samples: Transition Employment Agreement (Healthways, Inc), Transition Agreement (Corrections Corp of America), Retirement Agreement (GENTHERM Inc)

Waiver of Breach. A The waiver by either a party of any the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach of the same of any other provision hereof by the other that party.

Appears in 11 contracts

Samples: Executive Employment Agreement (CapStar Financial Holdings, Inc.), Executive Employment Agreement (CapStar Financial Holdings, Inc.), Executive Employment Agreement (CapStar Financial Holdings, Inc.)

Waiver of Breach. A 20.1 The waiver by either party the Company or the Consultant of any a breach of any provision provisions of this Agreement by the other party to this Agreement shall not operate or be construed as a waiver of any other or subsequent breach by the other that party.

Appears in 9 contracts

Samples: Consulting Agreement (Innexus Biotechnology Inc), Consulting Agreement (Lions Petroleum, Inc), Consulting Agreement (Alberta Star Development Corp)

Waiver of Breach. A The waiver by either party the Company or Employee of any a breach of any provision of this Agreement hereof by the other party shall not operate or be construed to operate as a waiver by such party of any other or subsequent breach by the other partyof the same or any other provision hereof.

Appears in 9 contracts

Samples: Employment Agreement (Beverly Hills LTD Inc), Employment Agreement (Micros to Mainframes Inc), Employment Agreement (Progressive Telecommunications Corp)

Waiver of Breach. A waiver by either party the Company or the Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by of the other party.

Appears in 9 contracts

Samples: Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc)

Waiver of Breach. A waiver by either party the Company or Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by of the other party.

Appears in 8 contracts

Samples: Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc)

Waiver of Breach. A waiver by either party the Company or the Executive of any breach of any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyParty.

Appears in 8 contracts

Samples: Employment Agreement (Allarity Therapeutics, Inc.), Employment Agreement (Allarity Therapeutics, Inc.), Employment Agreement (Allarity Therapeutics, Inc.)

Waiver of Breach. A The waiver by either party the Company or by the Advisor of any a breach of any provision of this Agreement by the other party shall will not operate operate, or be construed construed, as a waiver of any other or subsequent breach by the of such other party.

Appears in 7 contracts

Samples: Board Agreement (Stem Cell Therapy International, Inc.), Board Agreement (Stem Cell Therapy International, Inc.), Board Agreement (Stem Cell Therapy International, Inc.)

Waiver of Breach. A waiver by either party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver or estoppel of any other or subsequent breach by the such other party. No waiver shall be valid unless in writing and signed by the party charged (or its authorized officer).

Appears in 7 contracts

Samples: Employment Agreement (WCI Communities, Inc.), Employment Agreement (WCI Communities, Inc.), Employment Agreement (WCI Communities, Inc.)

Waiver of Breach. A waiver by either party the Bank or Executive of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Under no circumstances shall Executive be deemed to have waived any rights that are non-waivable under applicable law.

Appears in 6 contracts

Samples: Employment Agreement (Guaranty Bancshares Inc /Tx/), Employment Agreement (Guaranty Bancshares Inc /Tx/), Employment Agreement (Guaranty Bancshares Inc /Tx/)

Waiver of Breach. A The waiver by either party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by such party. No waiver shall be valid unless in writing and signed by an authorized officer of the other partyCompany or the Consultant, as appropriate.

Appears in 6 contracts

Samples: Consulting Agreement (Information Systems Associates, Inc.), Consulting Agreement (Sibling Group Holdings, Inc.), Consulting Agreement (CNS Pharmaceuticals, Inc.)

Waiver of Breach. A Either party’s waiver by either party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the such other party. No waiver shall be valid unless in writing and, in the case of Company, signed by an authorized officer of the Company.

Appears in 6 contracts

Samples: Employment Agreement (Sweetskinz Holdings Inc), Employment Agreement (Sweetskinz Holdings Inc), Employment and Non Competition Agreement (Sweetskinz Holdings Inc)

Waiver of Breach. A The waiver by either party the Executive or the Company of any a breach of any provision of this Agreement by the other party hereto shall not operate or be construed as a waiver of any other or subsequent breach by the other either party.

Appears in 6 contracts

Samples: Employment Agreement (Bunge LTD), Employment Agreement (Bunge LTD), Employment Agreement (Bunge LTD)

Waiver of Breach. A The waiver by either party of any a breach of any provision term of this Agreement by the other party shall not operate or nor be construed as a waiver of any other or subsequent breach thereof. Any waiver must be in writing and signed by Employee or an authorized officer of the other partyCompany, as the case may be.

Appears in 6 contracts

Samples: Employment Agreement (Financial Security Assurance Holdings LTD/Ny/), Employment Agreement (Financial Security Assurance Holdings LTD/Ny/), Employment Agreement (Financial Security Assurance Holdings LTD)

Waiver of Breach. A waiver by either party the Company or Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 6 contracts

Samples: Employment Agreement (Mirna Therapeutics, Inc.), Employment Agreement (Mirna Therapeutics, Inc.), Employment Agreement (Mirna Therapeutics, Inc.)

Waiver of Breach. A waiver by either party the Company or Consultant of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 6 contracts

Samples: Consulting Agreement (VirtualArmour International Inc.), Consulting Agreement (VirtualArmour International Inc.), Consulting Agreement (VirtualArmour International Inc.)

Waiver of Breach. A The waiver by either party the Company or the Director of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other continuing or subsequent breach of the same provision or of any other provision of this Agreement. It is also understood and agreed that no failure or delay by the Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other partyor future exercise thereof or the exercise of any other right, power or privilege hereunder.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Opgen Inc), Director Agreement (Opgen Inc), Director Agreement (AmpliTech Group, Inc.)

Waiver of Breach. A The waiver by either party the Company or the Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by of the same provision or of any other partyprovision of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Sm&a Corp), Employment Agreement (Sm&a Corp), Employment Agreement (Sm&a Corp)

Waiver of Breach. A waiver by either party the Company or the Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 5 contracts

Samples: Employment Agreement (Repros Therapeutics Inc.), Employment Agreement (Repros Therapeutics Inc.), Employment Agreement (Zonagen Inc)

Waiver of Breach. A waiver by either party Executive or Company of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other either party.

Appears in 4 contracts

Samples: Transition Agreement (RealPage, Inc.), Transition Agreement (RealPage, Inc.), Transition Agreement (RealPage, Inc.)

Waiver of Breach. A waiver by either party Company or Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 4 contracts

Samples: Employee Non Disclosure and Non Compete Agreement, Employee Non Disclosure and Non Compete Agreement (Dais Analytic Corp), Employee Non Disclosure and Non Compete Agreement

Waiver of Breach. A The waiver by either party the Company or Employee of any the breach ----------------- of any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other or subsequent breach by the other partythat Party.

Appears in 4 contracts

Samples: Employment Agreement (Siberian Energy Group Inc.), Employment Agreement (Siberian Energy Group Inc.), Employment Agreement (Siberian Energy Group Inc.)

Waiver of Breach. A waiver by either party Company or Employee of any a breach of any provision of this Agreement by the other party shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 4 contracts

Samples: Employment Agreement (Weirton Steel Corp), Employment Agreement (Weirton Steel Corp), Employment Agreement (Allegheny Technologies Inc)

Waiver of Breach. A The waiver by either party the Employer or the Employee of any a breach of any provision of this Employment Agreement by the other another party shall not operate or be construed as a waiver by any other party of any other or subsequent breach by the other partybreach.

Appears in 4 contracts

Samples: Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc), Registration Rights Agreement (Dycom Industries Inc)

Waiver of Breach. A 19.1 The waiver by either party the Company or the Consultant of any a breach of any provision provisions of this Agreement by the other party to this Agreement shall not operate or be construed as a waiver of any other or subsequent breach by the other that party.

Appears in 4 contracts

Samples: Consulting Agreement (Strategic Internet Investments Inc), Consulting Agreement (Max Resource Corp.), Consulting Agreement (Innexus Biotechnology Inc)

Waiver of Breach. A The waiver by either party Employer or Employee of any a breach of any provision of this Employment Agreement by the other either party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyparty of any subsequent breach.

Appears in 4 contracts

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

Waiver of Breach. A No waiver by either party Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be. The Executive understands that a breach by him of any provision of this Agreement may only be waived by an authorized officer of the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyCompany.

Appears in 3 contracts

Samples: Employment Agreement (Predictive Systems Inc), Employment Agreement (Predictive Systems Inc), Employment Agreement (Predictive Systems Inc)

Waiver of Breach. A waiver by either party the Company or the Executive of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. 12.

Appears in 3 contracts

Samples: Employment Agreement (Helix Technology Corp), Employment Agreement Employment Agreement (Helix Technology Corp), Employment Agreement Employment Agreement (Helix Technology Corp)

Waiver of Breach. A The waiver by of either party the Company or ------------------ Employee of any a breach of any provision of this Employment Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by either the other partyCompany or Employee. Any such waiver must be in writing signed by the party against whom the waiver is sought to be enforced or asserted.

Appears in 3 contracts

Samples: Employment Agreement (N-Viro International Corp), Employment Agreement (N-Viro International Corp), Employment Agreement (N-Viro International Corp)

Waiver of Breach. A The waiver by either party of any a breach of any provision of this Agreement by the other party or any respective Affiliates shall not operate or be construed as a waiver of any other or subsequent breach by the such breaching party of such or any other partyprovision.

Appears in 3 contracts

Samples: Non Competition Agreement (Constar International Inc), Non Competition Agreement (Constar International Inc), Non Competition Agreement (Constar Inc)

Waiver of Breach. A The waiver by either party Corporation or Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by of the same provision or of any other partyprovision of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Myers Steven & Associates Inc), Employment Agreement (Myers Steven & Associates Inc), Employment Agreement (Sm&a Corp)

Waiver of Breach. A waiver by either party the Company or the Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 3 contracts

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

Waiver of Breach. A Any waiver by either party of any breach of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breach by such party of a provision of this Agreement. No waiver by the other partyCompany shall be valid unless in writing and signed by a person specifically authorized to do so by the Board.

Appears in 2 contracts

Samples: Letter Agreement (Trailer Bridge Inc), Employment Agreement (Trailer Bridge Inc)

Waiver of Breach. A Any waiver by either party of any breach of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement. No waiver by the other partyCompany shall be valid unless in writing and signed by the Chief Executive Officer of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Secure Computing Corp), Employment Agreement (Secure Computing Corp)

Waiver of Breach. A The waiver by the Company or the Executive of a breach by either party of any provision hereof shall not operate or be construed to operate as a waiver by either party of any subsequent breach of any other provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyhereof.

Appears in 2 contracts

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

Waiver of Breach. A waiver by either party the Company or the Founder of any a ---------------- breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 2 contracts

Samples: Employment and Stock Repurchase Agreement (Aristotle International Inc), Employment and Stock Repurchase Agreement (Aristotle International Inc)

Waiver of Breach. A Any waiver by either party THK or Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 2 contracts

Samples: Employment Agreement (Think Partnership Inc), Employment Agreement (Think Partnership Inc)

Waiver of Breach. A The waiver by either party Company or by Consultant of any a breach of any provision of this Agreement by the other party shall will not operate operate, or be construed construed, as a waiver of any other breach of such other party, or a subsequent breach by of the other partysame provision nor shall the same be in any way construed or interpreted to be a modification or amendment of this Agreement.

Appears in 2 contracts

Samples: Consulting and Advisory Agreement (Infectech Inc), Consulting Agreement (Infectech Inc)

Waiver of Breach. A The waiver by either party the Company or Consultant of any a breach of any provision of this Agreement by the any other party shall not operate or be construed as a waiver of any other or subsequent breach by the of such other party.

Appears in 2 contracts

Samples: Consulting Agreement (Sensus Metering Systems Inc), Consulting Agreement (Sensus Metering Systems Bermuda 2 LTD)

Waiver of Breach. A The waiver by either a party of any a breach of or default under any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach or default under the same or any other term or provision of this Agreement by the other that party.

Appears in 2 contracts

Samples: Master School Partnership Agreement, Agreement (Caretenders Health Corp)

Waiver of Breach. A The waiver by either party of any Company or Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other partybreach.

Appears in 2 contracts

Samples: Employment Agreement (Baltimore Gas & Electric Co), Employment Agreement (Baltimore Gas & Electric Co)

Waiver of Breach. A The waiver by either party Employer, Dycom or Employee of any a breach of any provision of this Employment Agreement by the other another party shall not operate or be construed as a waiver by any other party of any other or subsequent breach by the other partybreach.

Appears in 2 contracts

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

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Waiver of Breach. A waiver by either party the Company or Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 2 contracts

Samples: Employment Agreement (California Pizza Kitchen Inc), Employment Agreement (Hampshire Group LTD)

Waiver of Breach. A The waiver by either party District or by Contractor of any a breach of any particular provision of this Agreement by the other party shall will not operate operate, or be construed construed, as a waiver of any other or subsequent breach of any other particular provision(s) by the such other party.

Appears in 2 contracts

Samples: Agreement, Agreement

Waiver of Breach. A The waiver by either party the Companies or the ------------ ----------------- Employee of any a breach of any provision of this Agreement by the other party hereto shall not operate or be construed as a waiver of any other or subsequent breach of the same or any other provision hereof by the other same party.

Appears in 2 contracts

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

Waiver of Breach. A Any waiver by either party of any breach of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breach by such party of a provision of this Agreement. No waiver by the other partyCompany shall be valid unless in writing and signed by a person authorized to do so by the Board of Directors of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Trailer Bridge Inc), Employment Agreement (Trailer Bridge Inc)

Waiver of Breach. A waiver by either party the Corporation or Employee of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 2 contracts

Samples: Employment Agreement (Weirton Steel Corp), Employment Agreement (Weirton Steel Corp)

Waiver of Breach. A The waiver by either party the Bank or by the Employee of any a breach of any provision of this the Agreement by the other party shall not operate operate, or be construed construed, as a waiver of any other or subsequent breach by the of such other party.

Appears in 2 contracts

Samples: Agreement (Alliance Bancorp of New England Inc), Supplemental Executive Retirement Plan and Agreement (Alliance Bancorp of New England Inc)

Waiver of Breach. A waiver by either party the Company or the Consultant of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 2 contracts

Samples: Consulting Agreement (W&t Offshore Inc), Consulting Agreement (English Language Learning & Instruction System Inc)

Waiver of Breach. A Any waiver by either party Company or Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 2 contracts

Samples: Form of Employment Agreement (Health Partnership Inc.), Employment Agreement (Health Partnership Inc.)

Waiver of Breach. A Any waiver by either party Company or Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Failure to insist upon strict compliance with any provision of this Agreement shall not be deemed a waiver of such provision or of any other provision in the Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Kowabunga! Inc.), Employment Agreement (Kowabunga! Inc.)

Waiver of Breach. A waiver by either party the Company or Executive of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Under no circumstances shall Executive be deemed to have waived any rights that are non-waivable under applicable law.

Appears in 2 contracts

Samples: Employment Agreement (Hope Bancorp Inc), Release Agreement (Hope Bancorp Inc)

Waiver of Breach. A The waiver by either party of any the Company or the Employee of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by of the other partysame provision or of any provision in this Agreement.

Appears in 1 contract

Samples: 23 Employment Agreement (Chatwins Group Inc)

Waiver of Breach. A Any waiver by either party of any breach of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement. No waiver by the Company shall be valid unless in writing and signed by the Chairman of the Board of Directors (if a person other partythan Executive) or Chairman of the Compensation Committee.

Appears in 1 contract

Samples: Employment Agreement (Digi International Inc)

Waiver of Breach. A waiver by either party the Company or Xxxxxxxxx of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Under no circumstances shall Xxxxxxxxx be deemed to have waived any rights that are non-waivable under applicable law.

Appears in 1 contract

Samples: This Agreement (First Light Bancorp)

Waiver of Breach. A The waiver by either party of any a breach of any provision of this Agreement by either the other party shall Company or the Employee will not operate or be construed as a waiver of any other or subsequent breach by the other said party.

Appears in 1 contract

Samples: Separation Agreement (Matrix Service Co)

Waiver of Breach. A waiver by either party the Company or the Subscriber of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Any effective waiver of any provision of this Agreement must be in writing and signed by the party consenting to such waiver.

Appears in 1 contract

Samples: Subscription Agreement (Computer Vision Systems Laboratories Corp.)

Waiver of Breach. A waiver by either party the Company or Executive of any a breach ---------------- of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 1 contract

Samples: Employment Agreement (Fresh Enterprises Inc)

Waiver of Breach. A Any waiver by either party Vintacom or Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 1 contract

Samples: Employment Agreement (Cgi Holding Corp)

Waiver of Breach. A The waiver by either party of any Employer or Employee of the breach of any provision of the provisions of this Agreement by the other party shall not operate or be construed as deemed a waiver of any other or subsequent breach by the other partybreach.

Appears in 1 contract

Samples: Agreement (First Banking Center Inc)

Waiver of Breach. A waiver by either party the Company or Consultant of any a breach of any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyParty.

Appears in 1 contract

Samples: Agreement (Dais Analytic Corp)

Waiver of Breach. A The waiver by either party of any a breach of any provision of this Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach by the such other party.. Employment Agreement KEE Manager Xxxxx X. Xxxxxx

Appears in 1 contract

Samples: Employment Agreement (Berry Global Group, Inc.)

Waiver of Breach. A The waiver by either party the Company or Employee of any the breach ------ of any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other or subsequent breach by the other partythat Party.

Appears in 1 contract

Samples: Employment Agreement (Siberian Energy Group Inc.)

Waiver of Breach. A waiver by either party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver or estoppel of any other or subsequent breach by such party. No waiver shall be valid unless in writing and signed by an officer of the other partyEmployer expressly authorized by Employer’s Board of Directors or by the Executive, as applicable.

Appears in 1 contract

Samples: Employment Agreement (Russ Berrie & Co Inc)

Waiver of Breach. A waiver by either party IET or Royal of any a breach of any provision of this Agreement agreement by the other party shall not operate or be construed constructed as a waiver of any other or subsequent breach by the other party.

Appears in 1 contract

Samples: Integrated Environmental Technologies Technology Licensing Agreement (Royal Silver Mines Inc)

Waiver of Breach. A waiver by either party the Company or Consultant of any a breach ---------------- of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 1 contract

Samples: Employment Agreement (Fresh Enterprises Inc)

Waiver of Breach. A 19.3 The waiver by either party the Company or the Consultant of any a breach of any provision provisions of this Agreement by the other party to this Agreement shall not operate or be construed as a waiver of any other or subsequent breach by the other that party.

Appears in 1 contract

Samples: Consulting Agreement (Max Resource Corp.)

Waiver of Breach. A Either party's waiver by either party of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the such other party.. No waiver shall be valid unless in writing and, in the case of Company, signed by an authorized officer of the Company,

Appears in 1 contract

Samples: Employment and Non Competition Agreement (Manas Petroleum Corp)

Waiver of Breach. A waiver by either party the Company or the Executive of any a breach of any provision of this Agreement by the any other party to this Agreement shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 1 contract

Samples: Employment Agreement (Wright Medical Group N.V.)

Waiver of Breach. A waiver by either party the Company or the Executive of any breach of any provision of this Agreement Contract by the other party Party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyParty.

Appears in 1 contract

Samples: Employment Agreement (Allarity Therapeutics, Inc.)

Waiver of Breach. A waiver by either party of any the Company, True North or the Executive of a breach of any provision of this Agreement by the any other party shall not operate or be construed as a waiver of any other or subsequent breach by the other such party.

Appears in 1 contract

Samples: Employment Agreement (True North Communications Inc)

Waiver of Breach. A The waiver by either party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. In no event shall Company’s decision not to enforce this or a comparable agreement against another party be deemed as a waiver or other compromise of Company’s right to enforce this Agreement as to Executive.

Appears in 1 contract

Samples: Employment Agreement (CoreCivic, Inc.)

Waiver of Breach. A The waiver by the Company or the Executive of a ---------------- breach by either party of any provision hereof shall not operate or be construed to operate as a waiver by either party of any subsequent breach of any other provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other partyhereof.

Appears in 1 contract

Samples: Employment Agreement (Techdyne Inc)

Waiver of Breach. A waiver by either party the Company or the Executive of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party.

Appears in 1 contract

Samples: Employment Agreement (Bell Powersports, Inc.)

Waiver of Breach. A waiver by either party the Company or the Employee of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Section 8.

Appears in 1 contract

Samples: Employee Retention Agreement (Helix Technology Corp)

Waiver of Breach. A The waiver by either party the Company or the Consultant of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent or continuing breach of the same provision or of any other or subsequent breach by the other partyprovision of this Agreement.

Appears in 1 contract

Samples: Consulting Agreement (Britesmile Inc)

Waiver of Breach. A waiver by either party the Company or Executive of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Under no circumstances shall Executive be deemed to have waived any rights that are non-waivable under applicable law. Section 19.07.

Appears in 1 contract

Samples: Employment Agreement (Hope Bancorp Inc)

Waiver of Breach. A waiver by either party the Company or Employee of any a breach of any provision of this Agreement by the other party parry shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 1 contract

Samples: Employment Agreement (Mirna Therapeutics, Inc.)

Waiver of Breach. A waiver by either party the Company or the Executive of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Under no circumstances shall the Executive be deemed to have waived any rights that are non-waivable under applicable law.

Appears in 1 contract

Samples: Employment Agreement (BBCN Bancorp Inc)

Waiver of Breach. A Any waiver by either party PrimaryAds or Executive of any a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

Appears in 1 contract

Samples: Employment Agreement (Cgi Holding Corp)

Waiver of Breach. A The waiver by either party the Company or the Employee of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach of any provision of this Agreement. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the other partyparty sought to be charged thereby.

Appears in 1 contract

Samples: Employment Agreement (Merry Go Round Enterprises Inc)

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