(1) The defendant did not properly waive the non-compete provision in the employment agreement, because provision in contract prohibited any waiver or modification that was not in writing and signed by the party to be charged, which it failed to do; and
(2) The plaintiff did not have a duty to mitigate damages. The Court reasoned that a breach of any provision of the employment agreement was not a condition precedent to the defendant's obligation to pay the plaintiff, as parties negotiated and agreed that the plaintiff would be paid a sum if and when he left the defendant's employ, and that the plaintiff would not engage in competitive activity during his employment with Defendant and for 6 months after his departure.