Common use of Waiver of California Civil Code Section 1542 Clause in Contracts

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he has read this Agreement, including this waiver of California Civil Code section 1542, and that he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those matters.

Appears in 2 contracts

Samples: Separation and General Release Agreement (Lions Gate Entertainment Corp /Cn/), Confidential Agreement and General Release (Lions Gate Entertainment Corp /Cn/)

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Waiver of California Civil Code Section 1542. To effect Each Seller who is a resident of the State of California acknowledges that the release contained in this Agreement extends to all claims whatsoever being released as set forth in Section 3.5(a) above that he may have with respect to the Released Parties. Each applicable Seller acknowledges that such Seller is not relying and has not relied on any representation or statement made by the Released Parties with respect to the facts involved in any claims hereunder or with regard to his rights or asserted rights. Each applicable Seller hereby assumes the risk of all mistakes of fact with respect to such claims and with regard to all facts which are now unknown to such Seller. It is expressly understood and agreed by the parties that this Agreement is in full accord, satisfaction and complete general release discharge of any such claims and that this Agreement has been executed with the express intention of effectuating the legal consequences provided for in Section 1541 of the California Civil Code, the extinguishment of all obligations as described above, Employee herein described. Each applicable Seller hereby expressly and knowingly waives and relinquishes all rights and benefits of section that he may have under Section 1542 of the California Civil Code of or any similar code section, if and to the State of California, and Employee does so understanding and acknowledging extent applicable to the significance and consequence of specifically waiving section 1542release pursuant to this Agreement. Section 1542 of the California Civil Code of the State of California states reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” For purposes of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, the term “creditor” as used and that referred to in Section 1542 above means and includes each applicable Seller. Each party has received independent legal advice from their attorneys with respect to the advisability of executing this Agreement contemplates and with respect to the extinguishment of any such claim or claims. Employee warrants he has read this Agreement, including this waiver meaning of California Civil Code section Code, Sections 1541 and 1542, and that he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those matters.

Appears in 2 contracts

Samples: Share Exchange Agreement (Imperva Inc), Share Exchange Agreement (Imperva Inc)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described abovewith respect to the Netflix Released Claims, Employee Licensor expressly waives and relinquishes relinquish all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Netflix Released Parties, Employee Claims Licensor expressly acknowledges this Agreement is that the releases and waivers it gives in connection with the Netflix Released Claims are intended to include in its their effect, without limitation, all claims Employee and obligations as described above that Licensor does not know or suspect to exist in Employee’s its favor at the time of signing this Agreementthe Amendment, and that this Agreement Amended & Restated Amendment contemplates the extinguishment of any such claim or claimsclaims and obligations. Employee warrants he has read this Agreement, including this waiver of California Civil Code section 1542, and Licensor acknowledges that he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee it may later discover facts different from or in addition to those Employee it now knows or believes to be true regarding the matters released or described in this Agreementwith respect to the Netflix Released Claims, and even so Employee agrees the releases and agreements contained in this Agreement with respect to the Netflix Released Claims shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee Licensor assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement with respect to the Netflix Released Claims or with regard to any facts now unknown to Employee Licensor relating to those matters.

Appears in 2 contracts

Samples: Pay Television License Agreement, Pay Television License Agreement

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above11. In furtherance of this intention, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Parties acknowledge that they are familiar with Section 1542 of the California Civil Code of the State of California states which provides as follows: A general release does not extend GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to claims the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which the creditor does not they now know or suspect believe to exist be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thuseffect as complete releases, notwithstanding the provisions discovery or existence of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee any such additional facts. XXXXXXXXXX expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all claims Employee XXXXXXXXXX Claim or Claims, which XXXXXXXXXX does not know or suspect to exist in Employee’s his favor at the time of signing this Agreementexecution hereof, and that this Settlement Agreement contemplates the extinguishment of any such claim XXXXXXXXXX Claim or claimsClaims. Employee warrants he has read ZiLOG expressly acknowledges that this AgreementSettlement Agreement is intended to include in its effect, including this waiver without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of California Civil Code section 1542, execution hereof and that he has consulted counsel or has had this Settlement Agreement contemplates the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery extinguishment of any different such ZiLOG Claim or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those mattersClaims.

Appears in 2 contracts

Samples: Settlement Agreement and Release (Zilog Inc), Settlement Agreement and Release (Zilog Inc)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released PartiesEmployer, Employee expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he she has read this her Agreement, including this waiver of California Civil Code section 1542, and that he she has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those matters.

Appears in 1 contract

Samples: Mutual Separation Agreement (Guidance Software, Inc.)

Waiver of California Civil Code Section 1542. To effect Each Seller who is a resident of the State of California acknowledges that the release contained in this Agreement extends to all claims whatsoever being released as set forth in Section 3.6(a) above that he may have with respect to the Released Parties. Each applicable Seller acknowledges that such Seller is not relying and has not relied on any representation or statement made by the Released Parties with respect to the facts involved in any claims hereunder or with regard to his rights or asserted rights. Each applicable Seller hereby assumes the risk of all mistakes of fact with respect to such claims and with regard to all facts which are now unknown to such Seller. It is expressly understood and agreed by the parties that this Agreement is in full accord, satisfaction and complete general release discharge of any such claims and that this Agreement has been executed with the express intention of effectuating the legal consequences provided for in Section 1541 of the California Civil Code, the extinguishment of all obligations as described above, Employee herein described. Each applicable Seller hereby expressly and knowingly waives and relinquishes all rights and benefits of section that he may have under Section 1542 of the California Civil Code of or any similar code section, if and to the State of California, and Employee does so understanding and acknowledging extent applicable to the significance and consequence of specifically waiving section 1542release pursuant to this Agreement. Section 1542 of the California Civil Code of the State of California states reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” For purposes of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, the term “creditor” as used and that referred to in Section 1542 above means and includes each applicable Seller. Each party has received independent legal advice from their attorneys with respect to the advisability of executing this Agreement contemplates and with respect to the extinguishment of any such claim or claims. Employee warrants he has read this Agreement, including this waiver meaning of California Civil Code section Code, Sections 1541 and 1542, and that he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those matters.

Appears in 1 contract

Samples: Share Exchange Agreement (Imperva Inc)

Waiver of California Civil Code Section 1542. To effect a full Except for the Severance and complete general release as described aboveother obligations of Company under this Agreement, Employee expressly waives and relinquishes any and all rights and benefits of section 1542 of the Civil Code of the State of California, and afforded to Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. by Section 1542 of the Civil Code of the State of California (“Section 1542”), and do so understanding and acknowledging the significance of such specific waiver of Section 1542. Section 1542 states as follows: A general release does not extend to claims claims, which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which which, if known by him or her her, must have materially affected his or her settlement with the debtor.” Employee hereby expressly waives and relinquishes all rights and benefits under Section 1542 and any law or legal principle of similar effect in any jurisdiction with respect to the releases granted in this Agreement. Thus, notwithstanding Notwithstanding the provisions of section Section 1542, and to implement for the purpose of implementing a full and complete release and discharge of Company and the other Released PartiesReleasees, Employee expressly acknowledges that this Agreement and the general release set forth in paragraph 11 is intended to to, and does, include in its effect, without limitation, and discharge all claims which Employee does not know or suspect to exist in as of the Separation Date. Furthermore, Employee acknowledges that Employee consciously intends these consequences even as to claims for damages that may exist, and which, if known, would materially affect Employee’s favor at decision to execute this waiver and release, regardless of whether Employee’s lack of knowledge is the time result of signing this Agreementignorance, and oversight, error, negligence, or any other cause. Employee further agrees that Company may introduce this Agreement contemplates as evidence in any subsequent proceeding as an affirmative bar to such a proceeding or to enforce the extinguishment of any such claim or claims. Employee warrants he has read this Agreement, including this waiver of California Civil Code section 1542, and that he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees the releases and agreements specific provisions contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those mattersherein.

Appears in 1 contract

Samples: Severance Agreement and General Release (Crimson Wine Group, LTD)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Separation Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Separation Agreement, and that this Separation Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that he Employee has consulted counsel with or has had the opportunity to consult with counsel of Employee’s choosing about this Separation Agreement and specifically about the waiver of section 1542, and that Employee understands this Separation Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Separation Agreement. Employee further acknowledges that Employee later may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Separation Agreement, and even so Employee agrees that the releases and agreements contained in this Separation Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, disputes or controversies released or described in this Separation Agreement or with regard to any facts now unknown to Employee relating to those mattersthereto.

Appears in 1 contract

Samples: Confidential Separation Agreement (Nextgen Healthcare, Inc.)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him or her must her, would have materially affected his or her settlement with the debtordebtor or released party. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he affirms that Employee has read this Agreement, including this waiver of California Civil Code section 1542, and that he Employee has consulted counsel with or has had the opportunity to consult with counsel of Employee’s choosing about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee further acknowledges that Employee later may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now unknown to Employee relating to those mattersthereto.

Appears in 1 contract

Samples: Separation and Release Agreement (Sanmina Corp)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s 's favor at the time of signing executing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he Employee has read this Agreement, including this waiver of California Civil Code section 1542, and that he Employee has consulted counsel with or has had the opportunity to consult with counsel of Employee's choosing about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee further acknowledges that Employee later may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, disputes or controversies released or described in this Agreement or with regard to any facts now unknown to Employee relating to those mattersthereto.

Appears in 1 contract

Samples: Agreement and Release (Sanmina-Sci Corp)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released PartiesEmployer, Employee expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he has read this Agreement, including this waiver of California Civil Code section 1542, and that he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee agrees the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those matters.

Appears in 1 contract

Samples: Separation Agreement and General Release (Guidance Software, Inc.)

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Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee I expressly waives waive and relinquishes relinquish all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does I do so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee I expressly acknowledges acknowledge this Agreement is intended to include in its effect, without limitation, all claims Employee does I do not know or suspect to exist in Employee’s my favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claimsclaim. Employee warrants he has I warrant that I have read this Agreement, including this waiver of California Civil Code section 1542, and that he has I have consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and that Employee understands I understand this Agreement and the section 1542 waiver, and so Employee I freely and knowingly enters enter into this Agreement. Employee acknowledges Employee I acknowledge that I may later discover facts different from or in addition to those Employee I now knows know or believes believe to be true regarding the matters released or described in this Agreement, and even so Employee agrees I agree that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes I assume any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now unknown to Employee me relating to those mattersthereto.

Appears in 1 contract

Samples: Executive Officer Change in Control Agreement (Teradyne, Inc)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him or her must her, would have materially affected his or her settlement with the debtordebtor or released party. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Separation Agreement is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Separation Agreement, and that this Separation Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that he Employee has consulted counsel with or has had the opportunity to consult with counsel of Employee’s choosing about this Separation Agreement and specifically about the waiver of section 1542, and that Employee understands this Separation Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Separation Agreement. Employee further acknowledges that Employee later may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Separation Agreement, and even so Employee agrees that the releases and agreements contained in this Separation Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Separation Agreement or with regard to any facts now unknown to Employee relating to those mattersthereto.

Appears in 1 contract

Samples: Confidential Separation Agreement (Cross Country Healthcare Inc)

Waiver of California Civil Code Section 1542. To effect This Agreement is intended to be effective as a full and complete general release of and bar to all claims as described abovestated in this Section. Accordingly, Employee expressly waives and relinquishes the Releasors specifically waive all rights and benefits of section 1542 of the under California Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section Section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. states, "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." Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of the Company and the other Released PartiesReleasees, Employee Executive expressly acknowledges this Agreement is intended to include in its effect, without limitation, all claims Employee Executive does not know or suspect to exist in EmployeeExecutive’s favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee Executive warrants he Executive has read this Agreement, including this waiver of California Civil Code section 1542, and that he Executive has consulted counsel with or has had the opportunity to consult with counsel of Executive’s choosing about this Agreement and specifically about the waiver of section 1542, and that Employee Executive understands this Agreement and the section 1542 waiver, and so Employee Executive freely and knowingly enters into this Agreement. Employee Executive further acknowledges Employee that Executive later may later discover facts different from or in addition to those Employee Executive now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee Executive agrees that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee Executive expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now unknown to Employee Executive relating to those mattersthereto.

Appears in 1 contract

Samples: Separation Agreement and General Release (iANTHUS CAPITAL HOLDINGS, INC.)

Waiver of California Civil Code Section 1542. To effect affect a full and complete general release as described above, Employee you expressly waives waive and relinquishes relinquish all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does do so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him or her must her, would have materially affected his or her settlement with the debtordebtor or released party. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee you expressly acknowledges acknowledge this Separation Agreement is intended to include in its effect, without limitation, all claims Employee does you do not know or suspect to exist in Employee’s your favor at the time of signing this Separation Agreement, and that this Separation Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he has You warrant you have read this Separation Agreement, including this waiver of California Civil Code section 1542, and that he has you have consulted counsel with or has had the opportunity to consult with counsel of your choosing about this Separation Agreement and specifically about the waiver of section 1542, and that Employee understands you understand this Separation Agreement and the section 1542 waiver, and so Employee you freely and knowingly enters enter into this Separation Agreement. Employee acknowledges Employee You further acknowledge that you later may later discover facts different from or in addition to those Employee you now knows know or believes believe to be true regarding the matters released or described in this Separation Agreement, and even so Employee agrees you agree that the releases and agreements contained in this Separation Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes You expressly assume any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Separation Agreement or with regard to any facts now unknown to Employee you relating to those mattersthereto.

Appears in 1 contract

Samples: Separation Agreement And (Alector, Inc.)

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee you expressly waives waive and relinquishes relinquish all rights and benefits of section Section 1542 of the Civil Code of the State of California, California and Employee does do so understanding and acknowledging the significance and consequence of specifically waiving section Section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. .Thus, notwithstanding the provisions of section Section 1542, and to implement a full and complete release and discharge of Company and the other Released PartiesP&G, Employee you expressly acknowledges acknowledge this Agreement is intended to include in its effect, without limitation, all claims Employee does you do not know or suspect to exist in Employee’s your favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee warrants he has You warrant that you have read this Agreement, including this waiver of California Civil Code section Section 1542, and that he has You have consulted counsel with or has had the opportunity to consult with counsel of your choosing about this Agreement and specifically about the waiver of section Section 1542, and that Employee understands you understand this Agreement and the section Section 1542 waiver, and so Employee you freely and knowingly enters into this Agreement. Employee acknowledges Employee You further acknowledge that you later may later discover facts different from or in addition to those Employee now knows you know or believes believe to be true regarding the matters released or described in this Agreement, and even so Employee agrees you agree that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes You expressly assume any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or to with regard to any facts now unknown to Employee you relating to those mattersthereto.

Appears in 1 contract

Samples: PROCTER & GAMBLE Co

Waiver of California Civil Code Section 1542. To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee expressly acknowledges this Agreement Release is intended to include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s 's favor at the time of signing executing this AgreementRelease, and that this Agreement Release contemplates the extinguishment of any such claim or claims. Employee warrants he Employee has read this AgreementRelease, including this waiver of California Civil Code section 1542, and that he Employee has consulted counsel with or has had the opportunity to consult with counsel of Employee's choosing about this Agreement Release and specifically about the waiver of section 1542, and that Employee understands this Agreement Release and the section 1542 waiver, and so Employee freely and knowingly enters into this AgreementRelease. Employee further acknowledges that Employee later may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this AgreementRelease, and even so Employee agrees that the releases and agreements contained in this Agreement Release shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, disputes or controversies released or described in this Agreement Release or with regard to any facts now unknown to Employee relating to those mattersthereto.

Appears in 1 contract

Samples: Agreement and Release (Sanmina-Sci Corp)

Waiver of California Civil Code Section 1542. To effect a give the full and complete general release as described in paragraph II.3 above, Employee Executive expressly waives and relinquishes all rights and benefits of section Section 1542 of the Civil Code of the State of California, or any other similar, comparable, or equivalent law in any state or jurisdiction, and Employee Executive does so understanding and acknowledging the significance and consequence of specifically waiving section Section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by to him or her must would have materially affected his or her settlement with the debtor. Thusdebtor or released party.” So, notwithstanding the provisions of section Section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Employee Executive expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims Employee Executive does not know or suspect to exist in Employee’s his favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claim or claimsclaim. Employee Executive represents and warrants he that Executive has read this Agreement, including this waiver of California Civil Code section Section 1542, and that he has consulted counsel or has had the opportunity to consult counsel with an attorney about this Agreement Agreement, and specifically about the waiver of section Section 1542, or has freely chosen to not consult with an attorney, and that Employee Executive understands this Agreement and the section Section 1542 waiver, and so Employee Executive freely and knowingly enters into this Agreement. Employee Executive acknowledges Employee that he may later discover facts different from or in addition to those Employee Executive now knows or believes to be true regarding the matters released or described in this Agreement, and even so Employee so, Executive agrees that the releases and agreements contained in this Agreement shall will remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee Executive assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now unknown to Employee relating to those mattersExecutive.

Appears in 1 contract

Samples: Separation Agreement and General Release (CalAmp Corp.)

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