Common use of Modification; Waiver Clause in Contracts

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 31 contracts

Samples: Executive Employment Agreement (Nexgel, Inc.), Executive Employment Agreement (Issuer Direct Corp), Executive Employment Agreement (Issuer Direct Corp)

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Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto Parties or, in the case of a waiver, by the party Party waiving compliance. Failure of any party Party at any time or times to require performance of any provision hereof shall in no manner affect his his, her or its right at a later time to enforce the samesuch provision. No waiver by a party Party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances Agreement shall be deemed to be or construed as a further or continuing waiver of agreement any other breach of any term or condition contained in the Agreement.

Appears in 14 contracts

Samples: Employment Agreement (Lumos Pharma, Inc.), Employment Agreement (Lumos Pharma, Inc.), Employment Agreement (Newlink Genetics Corp)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any agreement contained in the Agreement.

Appears in 10 contracts

Samples: Employment Agreement (Allos Therapeutics Inc), Employment Agreement (Allos Therapeutics Inc), Employment Agreement (Allos Therapeutics Inc)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its such Party’s right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 6 contracts

Samples: Donald Norsworthy (StarTek, Inc.), Non Solicitation Agreement (StarTek, Inc.), Non Solicitation Agreement (Startek Inc)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his Employee's or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Local Matters Inc.), Assignment Agreement (Local Matters Inc.), Employment Agreement (Local Matters Inc.)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties Parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his their or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 5 contracts

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

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained that or any other term or covenant in the this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Targanta Therapeutics Corp.), Employment Agreement (Targanta Therapeutics Corp.), Employment Agreement (Targanta Therapeutics Corp.)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his Employee’s or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Local Matters Inc.), Employment Agreement (Local Matters Inc.), Employment Agreement (Local Matters Inc.)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his their or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 3 contracts

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

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party Party waiving compliance. Failure of any party Party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party Party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 2 contracts

Samples: 2024 Executive Employment Agreement (Nexgel, Inc.), 2023 Executive Employment Agreement (Nexgel, Inc.)

Modification; Waiver. This Agreement may not be modified or amended, modified, superseded, canceled, renewed or expanded, or any and the terms or covenants hereof waived, except may be waived only by a writing written instrument executed by each all of the parties hereto orParties hereto, or in the case of a waiver, by the party Party waiving compliance. Failure The failure of any party Party at any time or times to require performance of any provision hereof shall in no manner affect his or its the right of such Party at a later time to enforce the same. No waiver by a party any Party of a the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, otherwise in any one or more instances instances, shall be deemed to be be, or construed as as, a further or continuing waiver of agreement any such breach, or a waiver of the breach of any other term or covenant contained in the this Agreement.

Appears in 2 contracts

Samples: Operating Agreement (Tributary Funds, Inc.), Operating Agreement (First Focus Funds Inc)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waivedwaives, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 1 contract

Samples: Employment Agreement (CyDex Pharmaceuticals, Inc.)

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Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its such party’s right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 1 contract

Samples: Non Solicitation Agreement (Startek Inc)

Modification; Waiver. This Separation Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties Parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Separation Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Separation Agreement.

Appears in 1 contract

Samples: Consulting Agreement (Allos Therapeutics)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties Parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 1 contract

Samples: Employment Agreement (Issuer Direct Corp)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his her or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained that or any other term or covenant in the this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Targanta Therapeutics Corp.)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except as provided in Section 11 (Code Section 409A Compliance) or by a writing executed by each of the parties hereto Parties or, in the case of a waiver, by the party Party waiving compliance. Failure of any party Party at any time or times to require performance of any provision hereof shall in no manner affect his his, her or its right at a later time to enforce the samesuch provision. No waiver by a party Party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances Agreement shall be deemed to be or construed as a further or continuing waiver of agreement any other breach of any term or condition contained in the Agreement.

Appears in 1 contract

Samples: Employment Agreement (Lumos Pharma, Inc.)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties Parties hereto or, in the case of a waiver, by the party Party waiving compliance. Failure of any party Party at any time or times to require performance of any provision hereof shall in no manner affect his or its right at a later time to enforce the same. No waiver by a party Party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Issuer Direct Corp)

Modification; Waiver. This Agreement may not be amended, modified, superseded, canceled, renewed or expanded, or any terms or covenants hereof waived, except by a writing executed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect his your or its right at a later time to enforce the same. No waiver by a party of a breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of agreement contained in the Agreement.

Appears in 1 contract

Samples: Raindance Communications Inc

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