Common use of Waiver or Modification Clause in Contracts

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived except as herein set forth. Failure of the Corporation to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee shall not be construed as a waiver of such breach nor prevent the Corporation from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 27 contracts

Samples: Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc)

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Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph section may not be waived except as herein set forth. Failure of the Corporation to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by the Employee shall not be construed as a waiver of such breach nor prevent the Corporation from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 6 contracts

Samples: Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived except as herein set forth. Failure of the Corporation to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee shall not be construed as a waiver of such breach nor prevent the Corporation from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 4 contracts

Samples: Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph paragraph 11 may not be waived except as herein set forth. Failure of the Corporation to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee shall not be construed as a waiver of such breach nor prevent the Corporation from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 2 contracts

Samples: Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived except as herein set forth. Failure of the Corporation a party to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee the other party shall not be construed as a waiver of such breach nor prevent the Corporation other party from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 2 contracts

Samples: Employment Agreement (Lmi Aerospace Inc), Employment Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver waiver, amendment or modification of this Agreement or of any covenant, condition or limitation herein portion hereof shall be valid unless it is in writing and duly executed by the party to be charged therewith, and no . No evidence of any waiver waiver, amendment or modification shall be offered or received in into evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver waiver, amendment or modification is in writing, writing and duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived except as herein set forthdescribed above. Failure The failure of the Corporation Employer to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee shall not be construed as a waiver of such breach breach, nor shall any such conduct prevent the Corporation Company from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Employment Agreement (Source Information Management Co)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties parlies further agree that the provisions of this Paragraph paragraph may not be waived except as herein set forth. Failure , failure of the Corporation a party to exercise or otherwise act with respect to any of or its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee the other party shall not be construed as a waiver of such breach breach, nor prevent the Corporation other party from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Employment and Educational Leave Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph paragraph may not be waived except as herein set forth. Failure of the Corporation to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by the Employee shall not be construed as a waiver of such breach nor prevent the Corporation from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Doe Run Resources Corp

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Waiver or Modification. No waiver waiver, amendment or modification of this Agreement or of any covenant, condition or limitation herein portion hereof shall be valid unless in writing and duly executed by the party to be charged therewith, and no . No evidence of any waiver waiver, amendment or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver waiver, amendment or modification is in writing, writing and duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived except as herein set forth. Failure The failure of the Corporation Company to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee Xxxxxxx shall not be construed as a waiver of such breach breach, nor prevent the Corporation Company from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Employment Agreement (Siboney Corp)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived except as herein set forth. Failure of the Corporation Partnership to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee shall not be construed as a waiver of such breach nor prevent the Corporation Partnership from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Employment Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph section may not be waived except as herein set forth. Failure of the Corporation Company to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by the Employee shall not be construed as a waiver of such breach nor prevent the Corporation Company from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Employment Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived except as herein set forth. Failure of the Corporation a party to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by Employee the other party shall not be construed as a waiver of such breach nor prevent the Corporation other party from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Employment Agreement (Lmi Aerospace Inc)

Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Paragraph may not be waived waived, except as herein set forth. Failure agree that the provisions of this Paragraph of the Corporation to exercise or otherwise act with respect to any of its rights hereunder in the event of a breach of any of the terms or conditions hereof by hereto Employee shall not be construed as a waiver of such breach nor prevent the Corporation from thereafter enforcing strict compliance with any and all of the terms and conditions hereof.

Appears in 1 contract

Samples: Employment Agreement (Lmi Aerospace Inc)

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