Common use of Amendment or Waiver Clause in Contracts

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.

Appears in 33 contracts

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

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Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 26 contracts

Samples: Employment Agreement, Employment Agreement (CVS Caremark Corp), Employment Agreement (Nymagic Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.

Appears in 24 contracts

Samples: Employment Agreement (Korn Ferry), Employment Agreement (Korn Ferry), Employment Agreement (Korn Ferry)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any either Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 7 contracts

Samples: Non Competition and Non Solicitation Agreement (Kmart Corp), Non Competition and Non Solicitation Agreement (Kmart Corp), Non Competition and Non Solicitation Agreement (Kmart Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the CompanyCRM. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the CompanyCRM, as the case may be.

Appears in 7 contracts

Samples: Employment Agreement (CRM Holdings, Ltd.), Employment Agreement (CRM Holdings, Ltd.), Employment Agreement (CRM Holdings, Ltd.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. Except as set forth hereinCompany provided that the Company may, no delay without the Executive’s consent, unilaterally adopt amendments that may be required so that this Agreement continues to comply with applicable law or omission regulations, including without limitation Section 409A of the Code, provided such amendments do not adversely affect the benefits to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereofthe Executive under this Agreement. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 6 contracts

Samples: Employment Agreement (Vertex Pharmaceuticals Inc / Ma), Employment Agreement (Vertex Pharmaceuticals Inc / Ma), Employment Agreement (Vertex Pharmaceuticals Inc / Ma)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.

Appears in 6 contracts

Samples: Employment Agreement (IRONCLAD ENCRYPTION Corp), Employment Agreement (IRONCLAD ENCRYPTION Corp), Employment Agreement (IRONCLAD ENCRYPTION Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the CompanyINTELLECT. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the CompanyINTELLECT, as the case may be.

Appears in 4 contracts

Samples: Employment Agreement (Intellect Neurosciences, Inc.), Employment Agreement (Intellect Neurosciences, Inc.), Employment Agreement (Intellect Neurosciences, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the CompanyBank. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the CompanyBank, as the case may be.

Appears in 2 contracts

Samples: Change in Control Agreement (Business First Bancshares, Inc.), Change in Control Agreement (Business First Bancshares, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the CompanyEN2GO. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the CompanyEN2GO, as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Medusa Style Corp), Employment Agreement (Medusa Style Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party the Company or the Executive shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party the Company or the Executive of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized director or officer of the Company, as the case may be.

Appears in 2 contracts

Samples: Separation Agreement (CRM Holdings, Ltd.), Separation Agreement (CRM Holdings, Ltd.)

Amendment or Waiver. No provision in this Agreement may be amended or waived unless such amendment or waiver is (a) agreed to in writing writing, and (b) the amendment or waiver is signed by the Executive and by an authorized officer of the Company. Except as set forth herein, no delay and, to the extent AGL or omission to exercise any rightDexia may be adversely affected by such amendment or waiver, power signed by an authorized officer of AGL and Dexia, respectively, or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereoftheir respective successors. No waiver by either any Party hereto of any breach by the any other Party of any condition or provision contained in of this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.

Appears in 2 contracts

Samples: Settlement Agreement (Financial Security Assurance Holdings LTD), Settlement Agreement and Plan (Assured Guaranty LTD)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.. EMPLOYMENT AGREEMENT

Appears in 1 contract

Samples: Employment Agreement (IRONCLAD ENCRYPTION Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive Awardee and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive Awardee or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Award Agreement (Ready Mix, Inc.)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the CompanyTurnxx. Except Xxcept as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the CompanyTurnxx, as xx the case may be.

Appears in 1 contract

Samples: Employment Employment Agreement (Turner Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive Xx. Xxxxxxxx and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive Xx. Xxxxxxxx or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Siebert Financial Corp)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive Mr. Pulitzer and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive Mr. Pulitzer or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment and Consulting Agreement (Pulitzer Inc)

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Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive Xxxxx and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive Xxxxx or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Lee Enterprises, Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive Employee and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive Employee or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Amedisys Inc)

Amendment or Waiver. No provision in this Agreement may be amended ------------------- unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Korn Ferry International)

Amendment or Waiver. No provision in this Agreement or the Offer Letter may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of by the CompanyChairman. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of and the Company, as the case may beChairman.

Appears in 1 contract

Samples: Employment Agreement (Korn Ferry International)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and Mr. Xxxxxxxxx xxx an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or Mr. Xxxxxxxxx xx an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Pulitzer Publishing Co)

Amendment or Waiver. No provision in of this Agreement may be amended unless such amendment is agreed to in writing and signed by the Executive and an authorized officer of the Company. Except as set forth hereinNotwithstanding the foregoing, no delay the Company agrees to cooperate and work in good faith to amend this Agreement prior to January 1, 2009 to comply with Section 409A if such amendment is in the reasonable opinion of the Executive’s counsel required to prevent the Executive from incurring any additional tax, interest or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. penalties under Section 409A. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by the Party against whom it is being enforced (either the Executive or an authorized officer of the Company, as the case may be).

Appears in 1 contract

Samples: Agreement and Release (Warnaco Group Inc /De/)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the CompanyEmisphere. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the CompanyEmisphere, as the case may be.

Appears in 1 contract

Samples: Lease Agreement

Amendment or Waiver. No provision in this Agreement may be ------------------- amended unless such amendment is agreed to in writing and signed by Executive and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Korn Ferry International)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive the Chairman and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive the Chairman or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Agreement (Nymagic Inc)

Amendment or Waiver. No provision in this Agreement may be amended unless such amendment is agreed to in writing and signed by Executive Employee and an authorized officer of the Company. Except as set forth herein, no delay or omission to exercise any right, power or remedy accruing to any Party party shall impair any such right, power or remedy or shall be construed to be a waiver of or an acquiescence to any breach hereof. No waiver by either Party party of any breach by the other Party party of any condition or provision contained in this Agreement to be performed by such other Party party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing and signed by Executive Employee or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (United Fuel & Energy Corp)

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