Common use of Modification; Waiver Clause in Contracts

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 34 contracts

Samples: Employment Agreement (Sohu.com LTD), Employment Agreement (Sohu Com Inc), Executive Employment Agreement (Sohu Com Inc)

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Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee You and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Corporation. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 19 contracts

Samples: Change in Control Severance Agreement (Otter Tail Corp), Change in Control Severance Agreement (Otter Tail Corp), Change in Control (Otter Tail Corp)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by a duly authorized officer of the Company and is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directorsofficer. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 19 contracts

Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Windsor Capital Corp)

Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of DirectorsInvacare. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 17 contracts

Samples: Change of Control Severance Agreement (INVACARE HOLDINGS Corp), Change of Control Severance Agreement (INVACARE HOLDINGS Corp), Change of Control Severance Agreement (INVACARE HOLDINGS Corp)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 16 contracts

Samples: Executive Change of Control (Skyterra Communications Inc), Change in Control Agreement (Entremed Inc), Agreement (Skyterra Communications Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 14 contracts

Samples: Severance Pay Agreement (Cyberoptics Corp), Severance Pay Agreement (Cyberoptics Corp), Severance Pay Agreement (SoftBrands, Inc.)

Modification; Waiver. No provision of this Agreement may be modified, amended, waived or discharged unless such waiver, modification, waiver amendment or discharge is agreed to in writing and signed by you and the Employee and such officer Chairman of the Company as may be specifically designated by its Board of DirectorsBoard. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 14 contracts

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

Modification; Waiver. No provision of this Agreement may be amended, modified, waived or discharged unless the amendment, modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such by an authorized officer of the Company as may be specifically designated by its Board of Directors(other than Executive). No waiver by either party 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 such the other party will shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 13 contracts

Samples: Retention and Ownership Change Event Agreement (Immersion Corp), Retention and Ownership Change Event Agreement (Immersion Corp), Retention and Ownership Change Event Agreement (Immersion Corp)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 13 contracts

Samples: Termination Agreement (Mgi Pharma Inc), Termination Agreement (Mgi Pharma Inc), Termination Agreement (Mgi Pharma Inc)

Modification; Waiver. No provision of this Agreement may be amended, modified, or waived unless such amendment or discharged unless modification, waiver or discharge modification is agreed to in writing and signed by the Employee Executive and such by a duly authorized officer of the Company as may Company, and such waiver is set forth in writing and signed by the party to be specifically designated by its Board of Directorscharged. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, hereto of any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 12 contracts

Samples: Restricted Stock Unit Agreement (Martha Stewart Living Omnimedia Inc), Restricted Stock Unit Agreement (Martha Stewart Living Omnimedia Inc), Stock Option Agreement (Martha Stewart Living Omnimedia Inc)

Modification; Waiver. No provision of this Agreement may be amended, modified, or waived unless such amendment or discharged unless modification, waiver or discharge modification is agreed to in writing and signed by the Employee Participant and such by a duly authorized officer of the Company as may Company, and such waiver is set forth in writing and signed by the party to be specifically designated by its Board of Directorscharged. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, hereto of any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 12 contracts

Samples: Incentive Stock Option Agreement (Inmune Bio, Inc.), Incentive Stock Option Agreement (Inmune Bio, Inc.), Agreement (Champps Entertainment Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 10 contracts

Samples: Change in Control Agreement (Pemstar Inc), Change in Control Agreement (Young America Holdings Inc), Change in Control Agreement (Young America Holdings Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such by an officer of the Company as may be specifically designated thereunto expressly authorized by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 10 contracts

Samples: Change in Control Severance Agreement (Under Armour, Inc.), Change in Control Severance Agreement (Under Armour, Inc.), Change in Control Severance Agreement (Under Armour, Inc.)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by a duly authorized officer of the Company and is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsofficer. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 8 contracts

Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 8 contracts

Samples: Retention Agreement, Retention Agreement (Supervalu Inc), Change in Control Severance Agreement (Apogee Enterprises Inc)

Modification; Waiver. No provision of this Agreement may be -------------------- modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer on behalf of the Company by such officer as may be specifically designated by its Board of Directorsthe Board. 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 such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 8 contracts

Samples: Agreement (Anderson Tully Co), Agreement (Anderson Tully Co), Agreement (Anderson Tully Co)

Modification; Waiver. No provision of this Agreement may be -------------------- modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 7 contracts

Samples: Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 5 contracts

Samples: Severance Agreement (Maxcyte, Inc.), Severance Agreement (Maxcyte, Inc.), Severance Agreement (Maxcyte, Inc.)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 5 contracts

Samples: Employment and Change in Control Agreement (Restore Medical, Inc.), Change in Control Agreement (Restore Medical, Inc.), Change in Control Agreement (Restore Medical, Inc.)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 5 contracts

Samples: Severance Agreement (Abbott Laboratories), Severance Agreement (Abbott Laboratories), Severance Agreement (St Jude Medical Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Executive and by such officer director of the Company Employer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 4 contracts

Samples: Employment Agreement (Trustmark Corp), Employment Agreement (Metrocorp Bancshares Inc), Employment Agreement (Metrocorp Bancshares Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by Executive and by the Employee and such officer Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 4 contracts

Samples: Change of Control Retention Agreement (Digimarc CORP), Change of Control Retention Agreement (Digimarc CORP), Change of Control Retention Agreement (Digimarc CORP)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Executive and such officer by the Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 4 contracts

Samples: Termination Protection Agreement, Termination Protection Agreement (Esterline Technologies Corp), Termination Protection Agreement (Esterline Technologies Corp)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by a duly authorized officer of the Company and is agreed to in a writing signed by the Employee Associate and such officer of the Company as may be specifically designated by its Board of Directorsofficer. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 4 contracts

Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/), Employment Agreement (Proxymed Inc /Ft Lauderdale/)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Corporation. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 4 contracts

Samples: Change in Control Severance Agreement (Otter Tail Corp), Change in Control Severance Agreement (Otter Tail Corp), Change in Control Severance Agreement (Otter Tail Corp)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 3 contracts

Samples: Severance Pay Agreement (Diametrics Medical Inc), Severance Pay Agreement (Diametrics Medical Inc), Severance Pay Agreement (Diametrics Medical Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company or Continuing Director as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Apogee Enterprises, Inc.), Change in Control Severance Agreement (Uranerz Energy Corp.), Change in Control Severance Agreement (Apogee Enterprises Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and by such officer director of the Company Employer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 3 contracts

Samples: Employment Agreement (Texas United Bancshares Inc), Employment Agreement (Texas United Bancshares Inc), Form of Employment Agreement (Texas United Bancshares Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Executive and such officer by the Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 3 contracts

Samples: Protection Agreement, Termination Protection Agreement (Esterline Technologies Corp), Termination Protection Agreement (Esterline Technologies Corp)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 3 contracts

Samples: Employment and Change in Control Agreement (Restore Medical, Inc.), Employment and Change in Control Agreement (Restore Medical, Inc.), Severance Agreement (Otter Tail Power Co)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company Corporation as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 3 contracts

Samples: Employment Agreement (Coltec Industries Inc), Employment Agreement (Coltec Industries Inc), Employment Agreement (Coltec Industries Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee you and such director or officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 2 contracts

Samples: Rowan Companies Inc, Rowan Companies Inc

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated authorized by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Executive Employment Agreement (Sohu Com Inc), Form of Executive Employment Agreement (Changyou.com LTD)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (China Shandong Industries, Inc.), Employment Agreement (China Shandong Industries, Inc.)

Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Severance and Retention Agreement (Enstar Inc), Severance Agreement (Enstar Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such director or officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement. 10.

Appears in 2 contracts

Samples: Executive Severance Agreement This Agreement (Southwestern Energy Co), Executive Severance Agreement This Agreement (Southwestern Energy Co)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such director or officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 2 contracts

Samples: Executive Severance Agreement (Southwestern Energy Co), Executive Severance Agreement (Southwestern Energy Co)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (Sohu.com LTD), Employment Agreement (Sohu.com LTD)

Modification; Waiver. No provision provisions of this Agreement may be -------------------- modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Termination Agreement (Mgi Pharma Inc), Termination Agreement (Mgi Pharma Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Bank and/or the Company as may be specifically designated or authorized by its the Board of DirectorsDirectors or by the Chief Executive Officer. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Agreement (Pacific Community Banking Group), Agreement (BSM Bancorp)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Termination Agreement (Novoste Corp /Fl/), Termination Agreement (Novoste Corp /Fl/)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee and such officer by the Chief Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 2 contracts

Samples: Termination Protection Agreement, Settlement Agreement and General Release (Longview Fibre Co)

Modification; Waiver. No provision provisions of this Agreement may be modified, -------------------- waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Termination Agreement (Novoste Corp /Fl/)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless modificationsuch waiver, waiver modifications, or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Form of Severance Agreement (Blanch E W Holdings Inc)

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Modification; Waiver. No provision of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.. ​

Appears in 1 contract

Samples: Severance Agreement (Maxcyte, Inc.)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated authorized by its the Company’s Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (Sohu.com LTD)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of or similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Severance Agreement (St Jude Medical Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and by such officer director of the Company Bank as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party ofshall not be construed as, or compliance constitute waiver of such provision, or a waiver of any other breach or, or failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 1 contract

Samples: Employment Agreement (Southern Financial Bancorp Inc /Va/)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company Corporation as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.or

Appears in 1 contract

Samples: Employment Agreement (Coltec Industries Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either party hereto at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Change in Control Agreement (Rural Cellular Corp)

Modification; Waiver. No provision of this Amended Agreement may be -------------------- modified, waived waived, or discharged unless such modification, waiver or discharge is agreed to in writing signed by the Employee and such officer a written resolution by the board of the Company as may be specifically designated by its Board directors of DirectorsEmployer. No waiver by either any party hereto at any time of any breach by the any other party hereof of, or compliance with, failure to comply with any condition or provision of this Amended Agreement to be performed by such other party will party, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (D E Frey Group Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such by an authorized officer of the Company as may be specifically designated Company. Waiver by its Board of Directors. No waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 1 contract

Samples: Employment Agreement (Covanta Energy Corp)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by the Employee Consultant and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Consulting Agreement (Criteo S.A.)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Bank and/or the Company as may be specifically designated or authorized by its the Board of DirectorsDirectors or by the Chief Executive Officer. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. 9.

Appears in 1 contract

Samples: Agreement (Pacific Community Banking Group)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless such modification, waiver or discharge is approved by Executive and a duly authorized officer of the Company and is agreed to in a writing signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsofficer. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Proxymed Inc /Ft Lauderdale/)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in writing and signed by the Employee Xxxxx and such officer of the Company as may be specifically designated by its Board of Directors. No waiver Waiver by either party at any time Party of a breach of any breach by the other party of, provision does not operate as or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed construed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timebreach.

Appears in 1 contract

Samples: Chief Executive Employment Agreement (Rockdale Resources Corp)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee and such officer approved by the Chairman of the Company as may be specifically designated by its Board of Directors, on behalf of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Precise Software Solutions LTD)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by Executive and by the Employee and such officer Chief Exhibit 10.6 Executive Officer of the Company or such other director or officer as may be specifically designated by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement.

Appears in 1 contract

Samples: Change of Control Retention Agreement (Digimarc CORP)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived waived, or discharged unless such waiver, modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Corporation . No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Otter Tail Corp)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated authorized by its Board of Directorsthe Changyou Board. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (Sohu.com LTD)

Modification; Waiver. No provision of this the Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated authorized by its the Board of Directorsor the Committee. No waiver by either party hereto at any time of any breach by the other party of, or compliance failure to comply with, any condition or provision of this the Agreement that is to be satisfied or performed by such the other party will hereto shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Change in Control Severance Agreement (PNC Financial Services Group Inc)

Modification; Waiver. No Except as otherwise specifically provided in this Agreement, no provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee and such officer of both the Company as may be specifically designated by its Board of Directorsand Employee. No waiver at any time by either party at any time to this Agreement of any breach by the other party hereto of, or compliance failure to comply with, any condition or provision of this Agreement to be performed by such other party will hereof shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent similar time.

Appears in 1 contract

Samples: Severance Agreement (Oakley Inc)

Modification; Waiver. No provision provisions of this Agreement may -------------------- be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Termination Agreement (Mgi Pharma Inc)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (Sohu.com LTD)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (China Polypeptide Group, Inc.)

Modification; Waiver. No provision provisions of this Agreement may be ------------ modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Termination Agreement (Mgi Pharma Inc)

Modification; Waiver. No provision provisions of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee Executive and such by an officer of the Company as may be specifically designated thereunto expressly authorized by its Board of Directorsthe Board. No waiver Waiver by either any party at any time of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or compliance failure to comply with, any condition or other provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timeAgreement. 7.

Appears in 1 contract

Samples: Control Severance Agreement

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Executive and the Employee and such officer of the Company as may be specifically designated by its Board of DirectorsCompany's Chief Executive Officer. No waiver by either party 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 such the other party will shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at another time. Failure or delay on the part of either party hereto to enforce any prior right, power, or subsequent timeprivilege hereunder will not be deemed to constitute a waiver thereof.

Appears in 1 contract

Samples: Separation Agreement (Metropolitan Health Networks Inc)

Modification; Waiver. No provision provisions of this Letter Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing signed by you and the Employee and Chairman of the Board or such officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Bucyrus International Inc

Modification; Waiver. No provision of this Agreement may nay be amended, modified, waived or discharged unless the amendment, modification, waiver or discharge is agreed to in writing and signed by the Employee Executive and such by an authorized officer of the Company as may be specifically designated by its Board of Directors(other than Executive). No waiver by either party 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 such the other party will shall be deemed considered a waiver of similar any other condition or dissimilar provisions provision or conditions at of the same condition or provision at any prior or subsequent another time.

Appears in 1 contract

Samples: Retention and Ownership (Immersion Corp)

Modification; Waiver. No provision provisions of this Agreement may be modified, -------------------- waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in a writing signed by the Employee and such officer of the Company as may be specifically designated by its the Board of DirectorsDirectors of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Termination Agreement (Mgi Pharma Inc)

Modification; Waiver. No provision of this Agreement may --------------------- be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by the Board or its Board of Directorsdelegee. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party will shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Agreement (American Mobile Satellite Corp)

Modification; Waiver. No provision of this Agreement may be modified, waived or discharged unless modificationsuch waiver, waiver modification or discharge is agreed to in writing and signed by the Employee Executive and such officer of the Company as may be specifically designated by its Board of Directorsthe Board. No waiver by either party hereto at any time of any breach by the other party of, or compliance failure to comply with, any condition or provision of this Agreement that is to be satisfied or performed by such the other party will hereto shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Control Severance Agreement (PNC Bank Corp)

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