Common use of Amendment or Modification; Waiver Clause in Contracts

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of the Board and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 4 contracts

Samples: Disclosure and Non Disparagement Agreement (Dana Corp), Disclosure and Non Disparagement Agreement (Dana Corp), Disclosure and Non Disparagement Agreement (Dana Corp)

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Amendment or Modification; Waiver. No provision of this Executive Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if Boards of Director of the Corporation is still operating under Chapter 11, the Bankruptcy Court) Company or any authorized committee committees of the Board Boards of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Executive Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Executive Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 4 contracts

Samples: Executive Agreement (Sono Tek Corp), Executive Agreement (Sono Tek Corp), Executive Agreement (Sono Tek Corp)

Amendment or Modification; Waiver. SECTION 8.01. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of the Board and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 3 contracts

Samples: Officer Severance Agreement (Millipore Corp /Ma), Officer Severance Agreement (Millipore Corp /Ma), Officer Severance Agreement (Millipore Corp /Ma)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified amended or waived unless such amendment, modification amendment or waiver shall be is authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of Directors of the Board Company or the Compensation Committee thereof and shall be is agreed to in writing, signed by the Executive Rhein and by an officer of the Corporation Company thereunto duly authorizedauthorized by either the Board of Directors or the Compensation Committee. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 3 contracts

Samples: Employment Agreement (Pioneer Standard Electronics Inc), Employment Agreement (Pioneer Standard Electronics Inc), Employment Agreement (Pioneer Standard Electronics Inc)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) of Directors of Millipore or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Millipore thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 3 contracts

Samples: Executive Termination Agreement, Executive Termination Agreement (Millipore Corp /Ma), Executive Termination Agreement (Millipore Corp)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if of Directors of the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of the Board of Directors of the Corporation and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 3 contracts

Samples: Control Severance Benefits Agreement (Personnel Management Inc), Control Severance Benefits Agreement (Personnel Management Inc), Control Severance Benefits Agreement (Personnel Management Inc)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of the Board and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 3 contracts

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

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if of Directors of the Corporation is still operating under Chapter 11, the Bankruptcy Court) Company or any authorized committee of the Board of Directors and shall be agreed to in writing, and signed by the Executive and by an a duly authorized officer of the Corporation thereunto duly authorizedCompany. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (Churchill Downs Inc), Employment Agreement (Churchill Downs Inc)

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Amendment or Modification; Waiver. SECTION 14.01. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of the Board and shall be agreed to in writing, signed by the Executive and by an officer of the Corporation Company thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 2 contracts

Samples: Executive Termination Agreement (Millipore Corp /Ma), Executive Termination Agreement (Millipore Corp /Ma)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be is authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of Directors of the Board Company and shall be is agreed to in writing, signed by the Executive and by an officer of the Corporation Company (other than the Executive) thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either any party hereto of any breach by the any other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time; nor shall the receipt or acceptance of compensation or other benefits following any termination of the Executive's employment be deemed a waiver of any condition or provision hereof.

Appears in 2 contracts

Samples: Employment Agreement (Esynch Corp/Ca), Employment Agreement (Esynch Corp/Ca)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be authorized by the Board (and, if of Directors of the Corporation is still operating under Chapter 11, the Bankruptcy Court) "Company" or any authorized committee of the Board of Directors and shall be agreed to in writing, signed by the Executive "Executive" and by an officer of the Corporation "Company" thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Cybersentry Inc)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified amended or waived unless such amendment, modification amendment or waiver shall be is authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of Directors of the Board Company or the Compensation Committee thereof and shall be is agreed to in writing, signed by the Executive and Baymxx xxx by an officer of the Corporation Company thereunto duly authorizedauthorized by either the Board of Directors or the Compensation Committee. Except as otherwise specifically provided in this Agreement, no waiver by either party hereto of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Pioneer Standard Electronics Inc)

Amendment or Modification; Waiver. No provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver shall be is authorized by the Board (and, if the Corporation is still operating under Chapter 11, the Bankruptcy Court) or any authorized committee of Directors of the Board Company and shall be is agreed to in writing, signed by the Executive and by an officer of the Corporation Company (other than the Executive) thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by either any party hereto of any breach by the any other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or a waiver of a similar or dissimilar provision or condition at the same time or at any prior or subsequent time; nor shall the receipt or acceptance of compensation or other benefits following any termination of the Executive's employment be deemed a waiver of any condition or provision thereof.

Appears in 1 contract

Samples: Employment Agreement (Esynch Corp/Ca)

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