Common use of California Civil Code § 1542 Clause in Contracts

California Civil Code § 1542. It is possible that other claims not known to the Parties, including those arising out of the facts alleged in the Notice and relating to products manufactured by or for Boss and its affiliates through the Effective Date, will develop or be discovered. Xxxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors and/or assignees only, on one hand, and Boss and its affiliates, on the other hand, acknowledge that this Settlement Agreement is expressly intended to cover and include all such claims against the Releasees for products manufactured by or for Boss and its affiliates up through the Effective Date, including all rights of action therefor. The Parties acknowledge that the claims released in §§ 5.1 and 5.2 above may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxxx and Boss expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of Civil Code section 1542 as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent they may lawfully waive such rights or benefits pertaining to the released matters.

Appears in 1 contract

Samples: Settlement Agreement

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California Civil Code § 1542. It is possible that other claims not known to the Parties, Parties including but not limited to those arising out of the facts alleged in the Notice and Notices or relating to other products manufactured manufactured, imported, distributed and/or sold by or for Boss Xxxxxxxx-Sonoma and its affiliates through the Effective Date, Date will develop or be discovered. Xxxxxxxx Xxxxxxxxx on behalf of himselfherself, his her past and current agents, representatives, attorneys, successors and/or assignees only, on the one hand, and Boss Xxxxxxxx-Sonoma and its affiliates, on the other hand, acknowledge that this Settlement Agreement is expressly intended to cover and include all such claims against the Releasees for any products manufactured manufactured, imported, distributed, and/or sold by or for Boss Xxxxxxxx-Sonoma and its affiliates up through the Effective Date, including all rights of action therefor. The Parties acknowledge that the claims released in §§ 5.1 4.1, 4.2 and 5.2 above 4.3 above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxxx Xxxxxxxxx and Boss Xxxxxxxx-Sonoma expressly waive and relinquish any and all rights and benefits that they may have under, under or that may be conferred upon them by, by the provisions of Civil Code section 1542 1542, as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent they may lawfully waive such rights or benefits pertaining to the released matters.

Appears in 1 contract

Samples: Settlement Agreement

California Civil Code § 1542. It is possible that other claims not known to the Parties, Parties including those arising out of the facts alleged in the Notice and relating to products manufactured by or for Boss AMSCAN and its affiliates through the Effective Date, Date will develop or be discovered. Xxxxxxxx Xxxxxxxxx on behalf of himselfherself, his her past and current agents, representatives, attorneys, successors and/or assignees only, on the one hand, and Boss AMSCAN and its affiliates, on the other hand, acknowledge that this Settlement Agreement is expressly intended to cover and include all such claims against the Releasees for products manufactured by or for Boss AMSCAN and its affiliates up through the Effective Date, including all rights of action therefor. The Parties acknowledge that the claims released in §§ 5.1 4.1, 4.2 and 5.2 above 4.3, above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxxx Xxxxxxxxx and Boss AMSCAN expressly waive and relinquish any and all rights and benefits that they may have under, under or that may be conferred upon them by, by the provisions of Civil Code section 1542 1542, as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent they may lawfully waive such rights or benefits pertaining to the released matters.

Appears in 1 contract

Samples: Settlement Agreement

California Civil Code § 1542. It is possible that other claims not known to the Parties, Parties including those arising out of the facts alleged in the Notice and relating to products manufactured by or for Boss Lucky Star and its affiliates through the Effective Date, Date will develop or be discovered. Xxxxxxxx Ecological on behalf of himselfitself, his its past and current agents, representatives, attorneys, successors and/or assignees only, on one hand, and Boss Lucky Star and its affiliates, on the other hand, acknowledge that this Settlement Agreement is expressly intended to cover and include all such claims against the Releasees for products manufactured manufactures by or for Boss Lucky Star and its affiliates up through the Effective Date, including all rights of action therefor. The Parties acknowledge that the claims released in §§ 5.1 and 5.2 above 5.2, above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxxx Ecological expressly waives and Boss expressly waive and relinquish relinquishes any and all rights and benefits that they it may have under, or that may be conferred upon them it by, the provisions of Civil Code section 1542 as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent they may lawfully waive such rights or benefits pertaining to the released matters.

Appears in 1 contract

Samples: Settlement Agreement and Release

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California Civil Code § 1542. It is possible that other claims not known to the Parties, Parties including those arising out of the facts alleged in the Notice Notices and relating to other products manufactured manufactured, imported, distributed and/or sold by or for Boss Xxxxxxxx- Sonoma and its affiliates through the Effective Date, Date will develop or be discovered. Xxxxxxxx Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors and/or assignees only, on one hand, and Boss Xxxxxxxx-Sonoma and its affiliates, on the other hand, acknowledge that this Settlement Agreement is expressly intended to cover and include all such claims against the Releasees for products manufactured manufactured, imported, distributed, and/or sold by or for Boss Xxxxxxxx-Sonoma and its affiliates up through the Effective Date, including all rights of action therefor. The Parties acknowledge that the claims released in §§ 5.1 4.1, 4.2 and 5.2 above 4.3, above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxxx Xxxxxxx and Boss Xxxxxxxx-Sonoma expressly waive and relinquish any and all rights and benefits that they may have under, under or that may be conferred upon them by, by the provisions of Civil Code section 1542 1542, as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent they may lawfully waive such rights or benefits pertaining to the released matters.

Appears in 1 contract

Samples: Settlement Agreement

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