Common use of Modification; Amendment; Waiver Clause in Contracts

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 79 contracts

Samples: Management Stability Agreement (Tesoro Logistics Lp), Management Stability Agreement (Tesoro Logistics Lp), Management Stability Agreement (Tesoro Logistics Lp)

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Modification; Amendment; Waiver. No modification, amendment amendment, or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof of this Agreement in accordance with its terms.

Appears in 19 contracts

Samples: Employment Agreement (Northfield Laboratories Inc /De/), Employment Agreement (Norstan Inc), Employment Agreement (Northfield Laboratories Inc /De/)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The Either party's failure at to insist upon strict compliance with any time provision hereof shall not be deemed to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its termsor any other provision hereof.

Appears in 9 contracts

Samples: Agreement (Brightpoint Inc), Agreement (Brightpoint Inc), Transitional Compensation Agreement (BRC Holdings Inc)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 8 contracts

Samples: Employment Agreement (Rancher Energy Corp.), Employment Agreement (Rancher Energy Corp.), Employment Agreement (Rancher Energy Corp.)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The Either party’s failure at to insist upon strict compliance with any time provision hereof shall not be deemed to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its termsor any other provision hereof.

Appears in 3 contracts

Samples: Agreement for Supplemental Executive Retirement Benefit (Brightpoint Inc), Agreement for Supplemental Executive Retirement Benefit (Brightpoint Inc), Agreement for Supplemental Executive Retirement Benefit (Brightpoint Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both the parties. The failure at any time to enforce any of the provisions provision of this Agreement shall in no way be construed as a waiver of such provisions provision and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 3 contracts

Samples: Employment Agreement (Kona Gold Solutions, Inc.), Employment Agreement (Kona Gold Solutions, Inc.), Employment Agreement (Kona Gold Solutions, Inc.)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing and signed by both partiesParties. The failure at any time of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 3 contracts

Samples: Referee Services Agreement, Referee Services Agreement, Employment Agreement

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing and signed by both parties. The failure at any time of a party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 2 contracts

Samples: Facilities Use Agreement, Facilities Use Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesthe Company and Hampshire. The failure of any party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right rights of either the party thereafter to enforce each and every provision hereof the provisions of this Agreement in accordance with its terms.

Appears in 2 contracts

Samples: Nominating Agreement (Citi Trends Inc), Nominating Agreement (Citi Trends Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver ------------------------------- of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 2 contracts

Samples: Consulting Agreement (Constellation 3d Inc), Consulting Agreement (Constellation 3d Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesParties. The failure of either Party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions provisions. The language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall not affect the right of apply against either party thereafter to enforce each and every provision hereof in accordance with its termsParty.

Appears in 2 contracts

Samples: Data Sharing Agreement, Data Sharing Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.. Page3

Appears in 2 contracts

Samples: Management Stability Agreement (Tesoro Corp /New/), Management Stability Agreement (Tesoro Corp /New/)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both booth parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each each. and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Lakota Technologies Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesthe Company and the Consultant. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right rights of either the party thereafter to enforce each and every provision hereof the provisions of this Agreement in accordance with its terms.

Appears in 1 contract

Samples: Form of Termination Agreement (Citi Trends Inc)

Modification; Amendment; Waiver. No modification, amendment amendment, or waiver of any provisions provision of this Agreement shall will be effective unless approved in writing by both parties. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way will not be construed as a waiver of such provisions provision and shall will not affect the right of either such party thereafter to enforce each and every provision hereof of this Agreement in accordance with its termsthe terms set forth herein.

Appears in 1 contract

Samples: Sponsorship Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both booth parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not n l affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Lakota Technologies Inc)

Modification; Amendment; Waiver. No modificationmodification of this Agreement, amendment or and no waiver of any provisions breach of this Agreement Agreement, shall be effective unless approved in writing and signed by an authorized representative of both partiesParties. The failure at any time to enforce any This Agreement may not be modified or amended without written agreement of the provisions Parties. No waiver of any breach of this Agreement Agreement, and no course of dealing between the Parties, shall in no way be construed as a waiver of such provisions and shall not affect the right any subsequent breach of either party thereafter to enforce each and every provision hereof in accordance with its termsthis Agreement.

Appears in 1 contract

Samples: Crisisgo Application License Agreement

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Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both booth parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Us Medical Systems Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.. 8.3

Appears in 1 contract

Samples: Employment Agreement (New Century Equity Holdings Corp)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing and signed by both partiesthe Parties. The failure at any time of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party any Party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Director Employment Agreement

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both partiesthe parties hereto. The failure of any party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right rights of either the party thereafter to enforce each and every provision hereof the provisions of this Agreement in accordance with its terms.

Appears in 1 contract

Samples: Shareholders Agreement (Xpedite Systems Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its termsParties hereto.

Appears in 1 contract

Samples: Settlement Agreement (Innovative Software Technologies Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.. 7.3

Appears in 1 contract

Samples: Employment Agreement (New Century Equity Holdings Corp)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.to

Appears in 1 contract

Samples: Management Stability Agreement (Tesoro Petroleum Corp /New/)

Modification; Amendment; Waiver. No modification, modification or amendment or waiver of ------------------------------- any provisions of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Interwoven Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in writing by both parties. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way not be construed as a waiver of such provisions and shall not affect the right of either such party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Independent Consulting Agreement (Millennium Cell Inc)

Modification; Amendment; Waiver. No modification, amendment or waiver of any provisions provision of this Agreement shall be effective unless approved in a writing signed by both parties. The failure at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Separation Agreement and General Release (Gener8 Maritime, Inc.)

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