Common use of Waiver; Amendment Clause in Contracts

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the Company.

Appears in 56 contracts

Samples: Employment Agreement (Vivos Inc), Employment Agreement (Vivos Inc), Employment Agreement (Dominos Pizza Inc)

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Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective valid unless made in writing and writing, signed by the waiving partyparty against whom the waiver is sought to be enforced. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, Agreement or failure to enforce any provision of this Agreement shall not prevent waive any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent later breach. This Agreement may only be amended or modified only by a written instrument writing signed by the Executive and any expressly authorized representative of the Companyparties.

Appears in 22 contracts

Samples: Employment Agreement (Umpqua Holdings Corp), Employment Agreement (Umpqua Holdings Corp), Employment Agreement (Umpqua Holdings Corp)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the Company.

Appears in 14 contracts

Samples: Employment Agreement (Ellora Energy Inc), Employment Agreement (Donnelley Enterprise Solutions Inc), Employment Agreement (Donnelley Enterprise Solutions Inc)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either any party to require the performance of any term or obligation of this Agreement, or the waiver by either any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive you and any expressly by a duly authorized representative of the Company.

Appears in 13 contracts

Samples: Letter Agreement (Spyre Therapeutics, Inc.), Letter Agreement (Spyre Therapeutics, Inc.), Letter Agreement (Spyre Therapeutics, Inc.)

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this Agreement, or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by the Executive both you and any expressly a duly authorized representative officer of the Company.

Appears in 10 contracts

Samples: Separation Agreement (Enfusion, Inc.), Confidentiality Agreement (Markforged Holding Corp), Advisory Agreement (Gemini Therapeutics, Inc. /DE)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the CompanyCompany and the Principal Subsidiary.

Appears in 6 contracts

Samples: Employment Agreement (Dominos Pizza Inc), Employment Agreement, Employment Agreement (Dominos Pizza Inc)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party the Company to require the performance of any term or obligation of this Agreement, or the waiver by either party the Company of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly Employee and/or an authorized representative member of the CompanyBoard of Directors.

Appears in 5 contracts

Samples: Employment Agreement (Choicetel Communications Inc /Mn/), Employment Agreement (Choicetel Communications Inc /Mn/), Employment Agreement (Sontra Medical Corp)

Waiver; Amendment. No waiver of or any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the Company.

Appears in 5 contracts

Samples: Employment Agreement (Lionbridge Technologies Inc /De/), Employment Agreement (Lionbridge Technologies Inc /De/), Employment Agreement (Lionbridge Technologies Inc /De/)

Waiver; Amendment. No waiver of any provision hereof shall be effective ----------------- unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly by a duly or authorized representative of the Company.

Appears in 5 contracts

Samples: Employment Agreement (Advanced Radio Telecom Corp), Employment Agreement (Advanced Radio Telecom Corp), Employment Agreement (Advanced Radio Telecom Corp)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the CompanyCompany and the Principal Subsidiaries.

Appears in 4 contracts

Samples: Employment Agreement (Dominos Pizza Inc), Employment Agreement (Dominos Pizza Inc), Employment Agreement (Dominos Pizza Inc)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of either party any Party to require the performance of any term or obligation of this Agreement, or the waiver by either party any Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This No provision of this Agreement may be amended modified, waived or modified only discharged unless such waiver, modification or discharge is approved by a written instrument the Board and agreed to in writing signed by the Executive and any expressly such officer as may be specifically authorized representative of by the CompanyBoard.

Appears in 3 contracts

Samples: Employment Agreement (Mphase Technologies, Inc.), And Amended Employment Agreement (Verus International, Inc.), Employment Agreement (Realbiz Media Group, Inc)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party the Company to require the performance of any term or obligation of this Agreement, or the waiver by either party the Company of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly and/or an authorized representative member of the CompanyBoard of Directors.

Appears in 3 contracts

Samples: Employment Agreement (Choicetel Communications Inc /Mn/), Employment Agreement (Choicetel Communications Inc /Mn/), Employment Agreement (Sontra Medical Corp)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this Agreement, or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach by such party. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly and/or an authorized representative member of the CompanyBoard of Directors.

Appears in 3 contracts

Samples: Employment Agreement, Executive Employment Agreement (KAYAK SOFTWARE Corp), Executive Employment Agreement (KAYAK SOFTWARE Corp)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either any party to require the performance of any term or obligation of this Agreement, or the waiver by either any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by you and the Executive and any expressly authorized representative of the CompanyCEO.

Appears in 2 contracts

Samples: Gelesis Holdings, Inc., Gelesis Holdings, Inc.

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either any party to require the performance of any term or obligation of this Agreement, or the waiver by either any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive you and any expressly authorized representative by a member of the CompanyBoard.

Appears in 2 contracts

Samples: Homology Medicines, Inc., Gelesis Holdings, Inc.

Waiver; Amendment. No waiver of or any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by of either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive Consultant and any expressly authorized representative of the Company.

Appears in 2 contracts

Samples: Consulting Agreement (Taurus Entertainment Companies Inc), Consulting Agreement (Taurus Entertainment Companies Inc)

Waiver; Amendment. No waiver of any provision hereof shall be ----------------- effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the Company.

Appears in 2 contracts

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

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either any party to require the performance of any term or obligation of this Agreement, or the waiver by either any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by the Executive both you and any expressly a duly authorized representative officer of the Company.

Appears in 2 contracts

Samples: Consulting Agreement (Moderna, Inc.), Moderna, Inc.

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this Agreement, or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by both you and the Executive and any expressly authorized representative Chairman of the CompanyBoard.

Appears in 2 contracts

Samples: Amarin Corp Plc\uk, Amarin Corp Plc\uk

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party the Company to require the performance of any term or obligation of this Agreement, or the waiver by either party the Company of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive Employee and any expressly authorized representative of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Osl Holdings Inc.), Employment Agreement (Osl Holdings Inc.)

Waiver; Amendment. No waiver of any provision hereof ----------------- shall be effective unless made in writing and signed by the waiving party. The failure of either party the Company to require the performance of any term or obligation of this Agreement, or the waiver by either party the Company of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly and/or an authorized representative member of the CompanyBoard of Directors.

Appears in 1 contract

Samples: Employment Agreement (Sontra Medical Corp)

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this Agreement, or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by both you and the Executive and any expressly authorized representative of the CompanyCEO.

Appears in 1 contract

Samples: Transition Agreement (Amarin Corp Plc\uk)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive Employee and any expressly authorized representative of the Company.

Appears in 1 contract

Samples: Employment Agreement (City Loan, Inc)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party the Company to require the performance of any term or obligation of this Agreement, or the waiver by either party the Company of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive Xxxxxx and any expressly authorized representative another officer of the CompanyCompany authorized by the Board of Directors.

Appears in 1 contract

Samples: Management Consulting Agreement (Datawatch Corp)

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Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a formal written instrument signed by the Executive and any an expressly authorized representative of the CompanyCompany (i.e., and not, for avoidance of doubt, by an email or series of emails).

Appears in 1 contract

Samples: Employment Agreement (NeuroBo Pharmaceuticals, Inc.)

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this Agreement, or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by both you and the Chief Executive and any expressly authorized representative of the CompanyOfficer.

Appears in 1 contract

Samples: Amarin Corp Plc\uk

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Employment Agreement, or the waiver by either party of any breach of this Employment Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Employment ​ Agreement may be amended or modified only by a written instrument signed by the Executive and any an expressly authorized representative of the Company.. ​ ​

Appears in 1 contract

Samples: Employment Agreement (NeuroBo Pharmaceuticals, Inc.)

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this Agreement, or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by the Executive both you and any expressly a duly authorized representative officer of the Company.. ​ ​

Appears in 1 contract

Samples: Generation Bio Co.

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this AgreementAgreement (including any term or obligation of the PIIA), or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by the Executive both you and any expressly a duly authorized representative officer of the Company.

Appears in 1 contract

Samples: Xeris Pharmaceuticals Inc

Waiver; Amendment. No waiver of any provision hereof shall ----------------- be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the Company.

Appears in 1 contract

Samples: Employment Agreement (Donnelley Enterprise Solutions Inc)

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either any party to require the performance of any term or obligation of this Agreement, or the waiver by either any party of any breach of this Agreementbreach, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by the Executive both you and any expressly an authorized representative of the CompanyCompany executive.

Appears in 1 contract

Samples: Moderna, Inc.

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any Werthauser Employment Agreement subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the Company.

Appears in 1 contract

Samples: Employment Agreement (Dominos Pizza Inc)

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either a party to require the performance of any term or obligation of this Agreement, or the waiver by either a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by the Executive both you and any expressly a duly authorized representative officer of the Company.. ​

Appears in 1 contract

Samples: Generation Bio Co.

Waiver; Amendment. No waiver of any provision hereof ----------------- shall be effective unless made in writing and signed by the waiving party. The failure of either party the Company to require the performance of any term or obligation of this Agreement, or the waiver by either party the Company of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative the President/CEO of the Company.

Appears in 1 contract

Samples: Employment Agreement (Sontra Medical Corp)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of each of the CompanyCompanies.

Appears in 1 contract

Samples: Employment Agreement (Supreme Industries Inc)

Waiver; Amendment. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of either party any Party to require the performance of any term or obligation of this Agreement, Agreement or the waiver by either party any Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This , No provision of this Agreement may be amended modified waived or modified only discharged unless such waiver, modification or discharge is approved by a written instrument the Board and agreed to in writing signed by the Executive and any expressly such officer as may be specifically authorized representative of by the CompanyBoard.

Appears in 1 contract

Samples: Employment Agreement (Mphase Technologies Inc)

Waiver; Amendment. No waiver of any provision hereof shall of this Agreement or of Exhibit A will be effective unless made in writing and signed by the waiving party. The failure of either any party to require the performance of any term or obligation of this Agreement, or the waiver by either any party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be amended or modified only by except in a written instrument writing signed by the Executive both you and any expressly an authorized representative of the CompanyCompany executive.

Appears in 1 contract

Samples: Personal and Confidential (Moderna, Inc.)

Waiver; Amendment. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of either party any Party to require the performance of any term or obligation of this Agreement, or the waiver by either party any Party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may not be modified or amended or modified only by except in a written instrument writing signed by both the Executive and any expressly a duly authorized representative officer of the Company.

Appears in 1 contract

Samples: Transition Agreement (Laboratory Corp of America Holdings)

Waiver; Amendment. No waiver of any provision hereof shall be ----------------- effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This Agreement may be amended or modified only by a written instrument signed by the Executive and any expressly authorized representative of the CompanyCompany and the Principal Subsidiaries.

Appears in 1 contract

Samples: Employment Agreement (Dominos Pizza Government Services Division Inc)

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