Amendment and Waiver. Except as expressly provided above, the provisions of this Agreement may be amended and waived only with the written consent of the Company and Executive.

Amendment and Waiver. Except as expressly provided above, theThe provisions of this Agreement may be amended and waived only with the prior written consent of the Company and the Executive.

Amendment and Waiver. Except as expressly provided above, theThe provisions of this Agreement may be amended andor waived only with the prior written consent of the Company and Executive.Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Amendment. This Agreement may be amendedamended, and waived only withany provision hereof may be waived, at any time by written agreement between the written consentCompany (with the approval of the CompanyBoard) and Executive.

Amendments. This Agreement may be amended and waivedor modified only with the written consent of Executive and an authorized representative of the Company and Executive.Company. No oral waiver, amendment or modification will be effective under any circumstances whatsoever.

Amendment. This Agreement may be amended and waivedor modified only with the written consent ofby an agreement in writing signed by the Company and the Executive.

Amendment. This Agreement may be amended and waived only with theby a written consent ofinstrument signed by the Company and Executive.Executive, which makes specific reference to this Agreement.

Amendments and Waiver. Except as expressly provided above, the provisionsWaivers. No provision of this Agreement may be amendedmodified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and waived only withsigned by the written consentExecutive and the Board. No waiver by either party hereto at any time of any breach by the Executive or the Company and Executive.of, or in compliance with, any condition or provision of this Agreement to be performed by the Executive or the Company, as applicable, shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing signed by Executive and Waiver. Excepta duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as expressly provided above,applicable, may waive compliance by the provisionsother Party with any specifically identified provision of this Agreement may be amendedthat such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and waived only with the written consentno delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of the Company and Executive.any other right, remedy, or power provided herein or by law or in equity.

Amendments and Waiver. Except as expressly provided above, the provisions of thisModifications. This Agreement may be amended and waivedor modified only with the written consent ofby a writing signed by the Company and Executive.Executive, which makes specific reference to this Agreement.