Common use of Waiver Clause in Contracts

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 504 contracts

Samples: Employment Agreement (Cymer Inc), Employment Agreement (Infospace Inc), Employment Agreement (Cymer Inc)

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Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 450 contracts

Samples: Executive Employment Agreement (McorpCX, Inc.), Change in Control and Severance Agreement (Zuora Inc), Control and Other Severance Agreement (GoPro, Inc.)

Waiver. No provision of this Agreement shall will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 415 contracts

Samples: Severance and Change in Control Agreement (Arcadia Biosciences, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.), Change in Control and Severance Agreement (Maxlinear Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 310 contracts

Samples: Employment Agreement (Corvus Pharmaceuticals, Inc.), Change in Control Severance Agreement (Nevro Corp), Change of Control Severance Agreement (Bayhill Therapeutics, Inc.)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 172 contracts

Samples: Change of Control Severance Agreement (Pixelworks Inc), Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Utstarcom Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 141 contracts

Samples: Change in Control Severance Agreement (UNITED THERAPEUTICS Corp), Employment Agreement (Apricus Biosciences, Inc.), Severance Protection Agreement (Digitalglobe Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 52 contracts

Samples: Severance and Change of Control Agreement (Meru Networks Inc), Severance and Change of Control Agreement (Meru Networks Inc), Change of Control Severance Agreement (Envivio Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 46 contracts

Samples: Change of Control Severance Agreement (Logicvision Inc), Change of Control and Severance Agreement (Pixelworks, Inc), Severance Agreement (UCI Holdco, Inc.)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 42 contracts

Samples: Control Severance Agreement (Centillium Communications Inc), Management Retention Agreement (Seagate Technology Holdings), Change of Control Agreement (Consilium Inc)

Waiver. No provision of this Agreement shall will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). 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 38 contracts

Samples: Change of Control Severance Agreement (Acclarent Inc), Severance Agreement (Giga Tronics Inc), Severance Agreement (Catalyst Semiconductor Inc)

Waiver. 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 Employee and by an authorized officer of the Company Corporation (other than the Employee). 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 34 contracts

Samples: Change of Control Agreement (Quantum Corp /De/), Chief Executive Change of Control Agreement (Quantum Corp /De/), Chief Executive Change of Control Agreement (Quantum Corp /De/)

Waiver. No provision provisions of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 26 contracts

Samples: Employment Agreement (Lam Research Corp), Employment Agreement (Lam Research Corp), Employment Agreement (Lam Research Corp)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the Employee)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 24 contracts

Samples: Executive Severance and Change in Control Agreement (Docusign, Inc.), Retention Agreement (Docusign Inc), Executive Severance and Change in Control Agreement (Docusign, Inc.)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 23 contracts

Samples: Change of Control Agreement (Moai Technologies Inc), Change of Control Agreement (Keravision Inc /Ca/), Change of Control Agreement (Keravision Inc /Ca/)

Waiver. 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 Employee and by an two authorized officer officers of the Company (other than the Employee). 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 22 contracts

Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (Palmsource Inc), Management Retention Agreement (Palm Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 21 contracts

Samples: Release Agreement (Fibrogen Inc), Release Agreement (New Relic Inc), Release Agreement (Instructure Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 19 contracts

Samples: Executive Employment Agreement (Mobile Mini Inc), Executive Employment Agreement (Mobile Mini Inc), Executive Employment Agreement (Jda Software Group Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 18 contracts

Samples: Management Continuity Agreement (Sonic Innovations Inc), Executive Severance Agreement (Green Dot Corp), Management Continuity Agreement (Sonic Innovations Inc)

Waiver. 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 Employee Executive and by an authorized officer member of the Company (other than the EmployeeExecutive). 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 17 contracts

Samples: Change in Control and Severance Agreement (Intuity Medical, Inc.), Control and Severance Agreement (Maxar Technologies Inc.), Change in Control and Severance Agreement (Intuity Medical, Inc.)

Waiver. No provision of this Agreement shall may be modified, waived waived, or discharged unless the such waiver, modification, waiver or discharge is agreed to in a writing and signed by the Employee Executive and by an authorized officer of the Company (other than the Employee)Employer. No waiver by either party hereto 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 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 time or provision at another any prior or subsequent time.

Appears in 15 contracts

Samples: Employment Agreement (Nextmedia Operating Inc), Employment Agreement (Nextmedia Operating Inc), Employment Agreement (Nextmedia Operating Inc)

Waiver. 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 Employee Executive and by an authorized officer or representative of the Company (other than the EmployeeExecutive). 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 of another time.

Appears in 14 contracts

Samples: Calpine Corporation Employment Agreement (Calpine Corp), Employment Agreement (Calpine Corp), Calpine Corporation Employment Agreement (Calpine Corp)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 14 contracts

Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)

Waiver. 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 Employee Executive and by an authorized officer the Chief Executive Officer (or the Board, in the case of the Company (other than the EmployeeChief 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 13 contracts

Samples: Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee)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 10 contracts

Samples: Control Agreement, Employment Agreement (Aar Corp), Severance and Change in Control Agreement

Waiver. 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 both the Employee and by an authorized officer of the Company (other than the Employee). 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 provision, or of the same condition or provision at another time.

Appears in 10 contracts

Samples: Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc)

Waiver. 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 Employee Officer and by an authorized officer of the Company (other than the EmployeeOfficer). 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 10 contracts

Samples: Change of Control Severance Agreement (Intraware Inc), Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement (Intraware Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee)Buyer. 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 dissimilar provisions or provision or of conditions at the same condition or provision at another any prior subsequent time.

Appears in 9 contracts

Samples: Restrictive Covenant Agreement (Professional Holding Corp.), Agreement and Plan of Merger (Seacoast Banking Corp of Florida), Agreement and Plan of Merger (Seacoast Banking Corp of Florida)

Waiver. No provision of this Agreement shall may be modified, waived waived, or discharged unless the modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Director and by an authorized officer of the Company (other than the Employee)Buyer. 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 dissimilar provisions or provision or of conditions at the same condition or provision at another any prior subsequent time.

Appears in 9 contracts

Samples: Restrictive Covenant Agreement (Professional Holding Corp.), Restrictive Covenant Agreement (Seacoast Banking Corp of Florida), Restrictive Covenant Agreement (Seacoast Banking Corp of Florida)

Waiver. 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 Employee Executive and by an authorized officer of the Company Corporation (other than the EmployeeExecutive). 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 (Openwave Systems Inc), Employment Agreement (Onyx Software Corp/Wa), Employment Agreement (Onyx Software Corp/Wa)

Waiver. 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 Employee Director and by an authorized officer of the Company (other than the Employee)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 8 contracts

Samples: Director Deferred Compensation Agreement (United States Oil Fund, LP), Director Deferred Compensation Agreement (United States 12 Month Natural Gas Fund, LP), Director Deferred Compensation Agreement (United States Brent Oil Fund, LP)

Waiver. 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 Employee Executive and by an two authorized officer officers of the Company (other than the EmployeeExecutive). 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: Management Retention Agreement (Smith Micro Software Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)

Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). 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: Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp)

Waiver. 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 Employee Executive and by an authorized officer the Chief Executive Officer of the Company (other than the Employee)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 8 contracts

Samples: Change in Control and Severance Agreement (Upwork Inc.), Change in Control and Severance Agreement (Upwork Inc.), Change in Control and Severance Agreement (Upwork Inc.)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the Employee)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 8 contracts

Samples: Separation Agreement and Release of Claims (Nanogen Inc), Separation Agreement and Release of Claims (Nanogen Inc), Separation Agreement and Release of Claims (Nanogen Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party of any breach of, or of non-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 7 contracts

Samples: Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma)

Waiver. No provision of this Agreement shall will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 7 contracts

Samples: Executive Retention Agreement (Laureate Education, Inc.), Change of Control Agreement (Network Equipment Technologies Inc), Change of Control Agreement (Network Equipment Technologies Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 or any other condition or provision or of the same condition or provision at another time.

Appears in 7 contracts

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

Waiver. 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 Employee Executive and by an authorized officer Executive Officer of the Company (other than the Employee)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 7 contracts

Samples: Executive Severance Agreement (Meade Instruments Corp), Executive Severance Agreement (Meade Instruments Corp), Executive Severance Agreement (Meade Instruments Corp)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 7 contracts

Samples: Change of Control Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Vocera Communications, Inc.), Change of Control Severance Agreement (Formfactor Inc)

Waiver. 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 Employee and by an authorized officer of the Company Bank (other than the Employee). 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. Further, the Bank’s waiver of its right to enforce similar conditions or provisions in another employee’s agreement (employment or other) shall not operate as a waiver of its right to enforce any of the conditions or provisions in this Agreement.

Appears in 7 contracts

Samples: Change in Control Agreement (Hampden Bancorp, Inc.), Change in Control Agreement (Hampden Bancorp, Inc.), Change in Control Agreement (Hampden Bancorp, Inc.)

Waiver. 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 Employee Executive and by an a duly authorized officer representative of the Company (other than the Employee)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 7 contracts

Samples: Employment Agreement (Pico Holdings Inc /New), Employment Agreement (Pico Holdings Inc /New), Employment Agreement (Pico Holdings Inc /New)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 6 contracts

Samples: Severance Agreement (Phoenix Technologies LTD), Employment Severance Agreement (Cost Plus Inc/Ca/), Severance Agreement (Phoenix Technologies LTD)

Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Employee Officer and by an authorized officer of the Company (other than the EmployeeOfficer). 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 6 contracts

Samples: Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc)

Waiver. No provision provisions of this Agreement shall agreement can be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Xxxxxx and the Employee and by an authorized officer of the Company (other than the Employee)Corporation. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement 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 6 contracts

Samples: Consulting Agreement (Unit Corp), Consulting Agreement (Unit Corp), Consulting Agreement (Unit Corp)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 6 contracts

Samples: Change of Control and Severance Agreement (PROCEPT BioRobotics Corp), Change in Control and Severance Agreement (New Relic, Inc.), Change in Control and Severance Agreement (New Relic, Inc.)

Waiver. 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 Employee Director and by an authorized officer of the Company (other than the Employee)Buyer. 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 provisions or provision or of conditions at the same condition or provision at another any prior or subsequent time.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.)

Waiver. 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 Employee Executive and by an authorized director or officer of the Company (other than the EmployeeExecutive). No waiver by either party Party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party Party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

Appears in 6 contracts

Samples: Employment Agreement (Kubient, Inc.), Employment Agreement (Kubient, Inc.), Employment Agreement (Restoration Robotics Inc)

Waiver. 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 Employee Employee, by an authorized officer of the Parent and by an authorized officer of the Company (other than the Employee). 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 6 contracts

Samples: Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa)

Waiver. 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 all parties to the Employee and by an authorized officer of the Company (other than the Employee)Agreement. 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 6 contracts

Samples: Form of Consulting Agreement (First Sentry Bancshares, Inc.), Form of Retention Agreement (First Sentry Bancshares, Inc.), Consulting Agreement (BCB Bancorp Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 (Lam Research Corp), Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)

Waiver. 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 bye the Employee and by an authorized officer of the Company (other than the Employee). 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: Form of Management Continuity Agreement (Laserscope), Management Continuity Agreement (Laserscope), Management Continuity Agreement (Laserscope)

Waiver. 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 Employee Director and by an authorized officer of the Company Corporation (other than the EmployeeDirector). 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: Director Change of Control Agreement (Quantum Corp /De/), Director Change of Control Agreement (Quantum Corp /De/), Director Change of Control Agreement (Quantum Corp /De/)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than Executive) or member of the Employee)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 5 contracts

Samples: Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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.. (c)

Appears in 5 contracts

Samples: Corporation Retention Agreement (Neophotonics Corp), Control Agreement (Sangstat Medical Corp), Change of Control Agreement (Connect Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 (CAI International, Inc.), Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.)

Waiver. 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 Employee Executive and by an two authorized officer officers of the Company (other than the EmployeeExecutive). 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: Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Control Severance Agreement (E Stamp Corp), Control Severance Agreement (Lynuxworks Inc), Control Severance Agreement (E Stamp Corp)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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 5 contracts

Samples: Change of Control Severance Agreement (Genesis Microchip Inc /De), Change of Control Severance Agreement (Genesis Microchip Inc /De), Change of Control Severance Agreement (Genesis Microchip Inc /De)

Waiver. No provision of this Agreement shall be modified, waived or discharged (including without limitation the notice periods set out in Section 8) unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Contractor and by an authorized officer of the Company (other than the EmployeeContractor). 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: Executive Compensation Agreement (Gryphon Gold Corp), Executive Compensation Agreement (Gryphon Gold Corp), Executive Compensation Agreement (Gryphon Gold Corp)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). Employee and the Company agree to work in good faith to consider amendments to this Agreement which are necessary or appropriate to avoid imposition of any additional tax or income recognition under Section 409A prior to the actual payment of amounts to the Employee. The parties agree to cooperate with each other and to take reasonably necessary steps in this regard. 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: Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). No Except as provided herein, 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 (CAI International, Inc.), Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.)

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Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this his 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 (Avant Corp), Employment Agreement (Avant Corp), Employment Agreement (Avant Corp)

Waiver. No provision of this Agreement shall be modified, waived or discharged dis- charged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer member of the Company (other than the EmployeeExecutive). 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: Control and Severance Agreement (4D Molecular Therapeutics, Inc.), Control and Severance Agreement (4D Molecular Therapeutics, Inc.), Control and Severance Agreement (Berkeley Lights, Inc.)

Waiver. 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 Employee Executive and by an authorized officer the Company with the approval of the Company (other than the Employee)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 4 contracts

Samples: Executive Employment Agreement (Skillsoft Corp.), Executive Employment Agreement (Skillsoft Corp.), Executive Employment Agreement (Churchill Capital Corp II)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Control Severance Agreement (E Stamp Corp), Change of Control Agreement (Iridex Corp), Control Severance Agreement (E Stamp Corp)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee)President. No waiver by either party of any breach of, or of compliance with, 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 (Apropos Technology Inc), Employment Agreement (Apropos Technology Inc), Employment Agreement (Apropos Technology Inc)

Waiver. 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 Employee Director and by an authorized officer of the Company (other than the Employee)Buyer. 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 dissimilar provisions or provision or of conditions at the same condition or provision at another any prior subsequent time.

Appears in 4 contracts

Samples: Restrictive Covenant Agreement (Seacoast Banking Corp of Florida), Agreement and Plan of Merger (Seacoast Banking Corp of Florida), Agreement and Plan of Merger (Seacoast Banking Corp of Florida)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Severance Agreement (Software Com Inc), Employment Agreement (Notify Corp), Control Severance Agreement (Catalytica Combustion Systems Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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 (CAI International, Inc.), Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc), Retention and Incentive Agreement (Adventrx Pharmaceuticals Inc)

Waiver. No provision of this Agreement shall be modified, waived or discharged discharge unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). 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: Severance Agreement (Essential Therapeutics Inc), Severance Agreement (Essential Therapeutics Inc), Severance Agreement (Essential Therapeutics Inc)

Waiver. 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 Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). No waiver by either party Party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party 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 (WES Consulting, Inc.), Employment Agreement (Spruce Biosciences, Inc.), Employment Agreement (Viavi Solutions Inc.)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Management Retention Agreement (Seagate Technology Holdings), Change of Control Agreement (Rita Medical Systems Inc), Change of Control Agreement (Connect Inc)

Waiver. 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 Employee Executive and by an two authorized officer officers of the Company (other than the EmployeeExecutive). 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: Management Retention Agreement (Pc Tel Inc), Employment Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)

Waiver. No provision of this Agreement shall be amended, modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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: Executive Retention Agreement (Kinetic Concepts Inc), Executive Retention Agreement (Kinetic Concepts Inc /Tx/), Executive Retention Agreement (Kinetic Concepts Inc /Tx/)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee)party hereto adversely affected thereby. 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: Retention Agreement (Netratings Inc), Retention Agreement (Netratings Inc), Amended and Restated Retention Agreement (Netratings Inc)

Waiver. 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 Employee and by an authorized officer of the Company CollaGenex (other than the Employee). 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: Change of Control Agreement (Collagenex Pharmaceuticals Inc), Change of Control Agreement (Collagenex Pharmaceuticals Inc), Change of Control Agreement (Collagenex Pharmaceuticals Inc)

Waiver. No provision of this Agreement shall may be modified, waived or discharged unless the modification, such waiver modification or discharge is agreed to in writing and signed by the Employee and such Officer as may be authorized by an authorized officer of the Company (other than the Employee)Board. No waiver by either party thereto at any time of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered deemed a waiver of any other condition or to the subsequent enforcement of each term and provision or of the same condition or provision at another timethis Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Saba Petroleum Co), Employment Agreement (Saba Petroleum Co), Employment Agreement (Saba Petroleum Co)

Waiver. 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 Employee Covered Person and by an authorized officer of the Company (other than the EmployeeCovered Person). 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: Employee Retention and Motivation Agreement (Progress Software Corp /Ma), Employee Retention and Motivation Agreement (Progress Software Corp /Ma), Employee Retention and Motivation Agreement (Progress Software Corp /Ma)

Waiver. 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 Employee and by an authorized officer of the Company Bank (other than the Employee). 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: Change in Control Agreement (San Joaquin Bancorp), Change in Control Agreement (San Joaquin Bancorp), Change in Control Agreement (San Joaquin Bancorp)

Waiver. 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 Employee Optionee and by an authorized officer of the Company (other than the EmployeeOptionee). 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: Acceleration Agreement (Ess Technology Inc), Acceleration Agreement (Ess Technology Inc), Acceleration Agreement (PDF Solutions Inc)

Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer or representative of the Company (other than the EmployeeExecutive). 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 a preceding or subsequent time.

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing writing, specifying such modification, waiver or discharge, and signed by the Employee Inducer and by an authorized officer of the Company Acquiror (other than the EmployeeInducer). No waiver by either any party of any breach of, or of compliance with, any condition or provision of this Agreement by the other another 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: Non Competition Agreement, Non Competition and Non Solicitation Agreement (CreditCards.com, Inc.), Non Competition Purchase Agreement

Waiver. No provision of this Agreement shall be modified, waived waived, or discharged unless the modification, waiver waiver, or discharge is agreed to in writing and signed by the Employee representatives of CDPH and by an authorized officer of the Company (other than the Employee)Grantee. No waiver by either party part of any breach of, of or of non-compliance with, any condition or provision of with this Agreement by the other party 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: Practice Grant Agreement, $15k) Practice Grant Agreement, Practice Grant Agreement

Waiver. No provision of this Agreement shall be modified, waived or discharged dis­charged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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: Control Severance Agreement (Ardelyx, Inc.), Change in Control and Severance Agreement (Micrel Inc), Change in Control Severance Agreement (Ardelyx, Inc.)

Waiver. No provision of this Agreement shall be modified, waived or discharged as to Employee unless the modification, waiver or discharge is agreed to in writing and signed by the Employee and by an authorized officer of the Company (other than the Employee). 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: Change of Control Agreement (Integrated Device Technology Inc), Change of Control Agreement (Integrated Device Technology Inc), Change of Control Agreement (Integrated Device Technology Inc)

Waiver. 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 Employee Company and by an authorized officer of the Company (other than the Employee)Participant. No waiver by either party of or 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: Membership Agreement, Scary Cow Productions Participant Agreement, Membership Agreement

Waiver. 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 Employee Executive and by an a duly authorized officer representative of the Company (other than the Employee)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 3 contracts

Samples: Employment Agreement (Pico Holdings Inc /New), Employment Agreement, Transition Agreement (Pico Holdings Inc /New)

Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed approved by the Employee and by an authorized officer of the Company (other than the Employee)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: Change in Control and Severance Agreement (Upwork Inc.), Change in Control and Severance Agreement (Upwork Inc.), Change in Control and Severance Agreement (Upwork Inc.)

Waiver. 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 Employee Executive and by an authorized officer or a director of the Company (other than authorized by the Employee)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 3 contracts

Samples: Employment Agreement (Diva Systems Corp), Employment Agreement (Access Health Inc), Employment Agreement (Ia Corp)

Waiver. 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 a writing and signed by the Employee and by an authorized officer the Company, provided, however, the Employee shall not be required to execute as a condition of continued employment any additional agreement or any agreement which modifies or replaces this Agreement during the Company (other than the Employee)Benefit Period. No waiver Waiver by either any party of any breach of, of or of compliance with, failure to comply with any condition or provision of this Agreement by the other party shall not be considered construed as, or constitute, a continuing waiver of such provision, or a waiver of any other condition breach of, or failure to comply with, any other provision or of the same condition or provision at another timethis Agreement.

Appears in 3 contracts

Samples: President's Agreement (Mascotech Inc), Employment Agreement (Mascotech Inc), Management Agreement (Mascotech Inc)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Change of Control Agreement (ShoreTel Inc), Change of Control Agreement (ShoreTel Inc), Change of Control Agreement (ShoreTel Inc)

Waiver. 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 Employee and by an two authorized officer officers of the Company (other than the Employee). 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 (Pc Tel Inc), Employment Agreement (Pc Tel Inc), Employment Agreement (Pc Tel Inc)

Waiver. 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 Employee and by an authorized officer of the Company Corporation (other than the Employee). 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: Change of Control Agreement (Catalyst Group Holdings Corp.), Change of Control Agreement (Catalyst Group Holdings Corp.), Change of Control Agreement (Catalyst Group Holdings Corp.)

Waiver. 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 Employee and by an authorized officer of the Company (other than the Employee). 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: Nonqualified Stock Option Letter Agreement (Infospace Inc), Employment Agreement (Infospace Inc), Employment Agreement (Infospace Inc)

Waiver. No provision of this Agreement shall be amended, modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and by an authorized officer of the Company (other than the EmployeeExecutive). 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.. (b)

Appears in 3 contracts

Samples: Executive Retention Agreement (Kinetic Concepts Inc /Tx/), 31 Executive Retention Agreement (Kinetic Concepts Inc /Tx/), Executive Retention Agreement (Kinetic Concepts Inc /Tx/)

Waiver. 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 Employee Executive and by an authorized officer of the Company Corporation (other than the EmployeeExecutive). 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 (Levi Strauss & Co), Employment Agreement (Levi Strauss & Co), Employment Agreement (Levi Strauss & Co)

Waiver. No provision provisions of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Employee Chairman and by an authorized officer of the Company (other than the Employee)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 3 contracts

Samples: Chairman’s Agreement (Lam Research Corp), Chairman’s Agreement (Lam Research Corp), Chairman’s Agreement (Lam Research Corp)

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