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 does so understanding and acknowledging the significance and consequence of specifically waiving rights under section 1542. Section 1542 of the Civil Code of the State of California states 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. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of the 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 claims. Employee affirms that Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee has consulted with or 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 waiver of section 1542, and so Employee freely and knowingly enters into this Separation Agreement. Employee further acknowledges that Employee later may 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 thereto.

Waiver of California Civil Code Section 1542. To effect This Agreement extends to all claims, whether vested or contingent, and whether or not claimed, known or suspected by you, up to the time you sign this Agreement, including the date of execution hereof. Additionally, you entering into this Agreement constitutes a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 waiver of the provisions of the California Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving rights under section 1542. Section 1542 of the Civil Code of the State of California states (or any comparable provision under any state or federal law), which reads as follows: “A general release does not extend to claims that which 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 thatrelease, which if known by him or her, would her must have materially affected his or her settlement with the debtor or released party. Thus, notwithstanding debtor.” You acknowledge that you have read and understood the provisions of section 1542, and to implement a full and complete release and discharge of the 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 claims. Employee affirms that Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, Section 1542 and that Employee has consulted with or you have had the opportunity to consult with counsel your own attorney as to the effect and import of Employee’s choosing about those provisions. You further acknowledge and agree that this Separation Agreement and specifically about the waiver of section 1542rights under Section 1542 of the California Civil Code has been separately bargained for and is an essential and material term of this Agreement and, without such waiver, this Agreement would not have been entered into by SFX. You acknowledge and confirm that you have been provided with a copy of the California Department of Health Services’ Notice to Terminating Employees, pursuant to California Labor Code § 2807, and a copy of the Employment Development Department’s pamphlets entitled, “For Your Benefit: California’s Programs for the Unemployed” and “For Your Benefit When You Need It; How To File An Unemployment Insurance Claim.” You also acknowledge and confirm that Employee understands this Separation Agreement and the waiver of section 1542you have been fully paid any wages owed to you including any overtime wages, and so Employee freely also acknowledge and knowingly enters into confirm that as of the date of your execution of this Separation Agreement, you received payment for all unused and accrued paid time off and have been afforded all required periods of family or medical leave as well as any right to reinstatement upon conclusion of any leave taken. Employee further acknowledges You represent and warrant that Employee later you have not commenced, maintained, prosecuted or participated in any action, suit, charge, grievance, complaint or proceeding of any kind against any SFX Releasee in any court or before any administrative or investigative body or agency and/or that you are hereby withdrawing with prejudice any such complaint, charge or action that you may discover facts different from have filed against any SFX Releasee. In the event any action, suit, charge, grievance, complaint or in addition proceeding is commenced on your behalf, you hereby waive any right to those Employee now knows or believes to be true regarding the matters released or described any potential recovery. However, you understand and acknowledge that nothing in this Separation Agreement shall be construed to prevent you from filing a charge with, or participating in an investigation conducted by, any governmental agency charged with the enforcement and/or investigation of claims of discrimination, harassment, retaliation or wage payment under federal, state or local laws or regulations, including, without limitation, the EEOC or applicable state or city fair employment practices agency; provided, however, that you also understand and acknowledge that by signing this Agreement, you have completely and even so Employee agrees that the releases and agreements contained in this Separation Agreement shall remain effective in all respects notwithstanding irrevocably waived your right to receive any later discovery of any different or additional facts. Employee expressly assumes any and all risk of any mistake individual relief, including monetary damages, in connection with any such claim, and if you are awarded monetary damages, you hereby unconditionally assign to the true facts involved in the matters, disputes, Company any right or controversies released or described in this Separation Agreement or with regard interest you may have to receive any facts now unknown to Employee relating theretomonetary damages.

Waiver of California Civil Code Section 1542. To effect a full The parties to this Agreement, and complete general each of them, acknowledge that the consideration exchanged for this Agreement is intended and does release and discharge any claim and/or cause of action by them with regard to any unknown or future damage, loss or injury, and they do as described aboveof the Release Effective Date waive any rights under Civil Code Section 1542 (or similar law of any other state or jurisdiction), Employee expressly waives which 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 OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT AGREEMENT WITH THE DEBTOR. SETTLEMENT AGREEMENT The parties to this Agreement acknowledge, warrant and relinquishes all rights and benefits of represent that they are familiar with section 1542 of the California Civil Code (“Section 1542”) and that the effect and import of that provision has been fully explained to them by their respective attorneys. There is a risk that subsequent to the execution of this Agreement, one or more of the State parties to this Agreement will incur or suffer loss, damages or injuries related to the subject matter of Californiathis Agreement, but which are unknown and does so understanding and acknowledging the significance and consequence of specifically waiving rights under section 1542. Section 1542 of the Civil Code of the State of California states 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 unanticipated 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 partythis Agreement is signed. Thus, notwithstanding the provisions of section 1542The parties to this Agreement, and each of them, hereby assume the above mentioned risks and understand that this Agreement shall apply to implement a full all unknown or unanticipated claims, losses, damages or injuries relating to the subject matter of this Agreement, as well as those known and complete release anticipated, and discharge upon advice of legal counsel, the Released Partiesparties to this Agreement, Employee expressly acknowledges and each of them, do hereby waive any and all rights under the aforesaid Section 1542. The parties to this Separation Agreement is intended Agreement, and each of them, acknowledge that they fully understand that they may hereafter discover facts in addition to include in its effect, without limitation, all claims Employee does not or different from those which they now know or suspect believe to be true with respect to the subject matter of this Agreement, but that it is their intention hereby to fully, finally and forever release all claims, obligations and matters released herein, known or unknown, suspected or unsuspected, which do exist, may exist in Employee’s favor at the time of signing future or heretofore have existed between the parties to this Separation Agreement, and that this Separation Agreement contemplates in furtherance of such intention, the extinguishment releases given herein shall be remain in effect as full and complete releases of the matters released herein, notwithstanding the discovery or existence of any such claims. Employee affirms that Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee has consulted with additional or 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 waiver of section 1542, and so Employee freely and knowingly enters into this Separation Agreement. Employee further acknowledges that Employee later may 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 thereto.

Waiver of California Civil Code Section 1542. To effect affect 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 rights under section 1542. Section 1542 of the Civil Code of the State of California states as follows: A general release does not extend to claims that which 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 thatrelease, which if known by him or her, would her must have materially affected his or her settlement with the debtor or released partydebtor. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of the Released PartiesEmployer, 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 affirms that Employee warrants he has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee he has consulted with counsel 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 waiver of section 15421542 waiver, and so Employee freely and knowingly enters into this Separation Agreement. Employee further acknowledges that Employee may later may 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 theretoto those matters.

Waiver of California Civil Code Section 1542. To effect a full The Class Representatives, the Settlement Class, and complete general release as described above, Employee each Settlement Class Member expressly waives waive and relinquishes relinquish any and all rights and benefits of section 1542 of the Civil Code of the State of Californiabenefits, and does so understanding and acknowledging the significance and consequence of specifically waiving rights under section 1542. conferred by Section 1542 of the California Civil Code, or by any other statutes, common law principles, laws, or rules of similar effect to California Civil Code § 1542, which provides: 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. The Class Representative, the Settlement Class, and each Settlement Class Member acknowledge that they may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of the State Released Claims, but the Class Representative, the Settlement Class, and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of California states as follows: A general release does not extend to the Final Approval Order, shall have, nevertheless, fully, finally, and forever waived, settled, and released any and all Released Claims, regardless of such subsequent discovery of additional or different facts. Upon the Effective Date of this Agreement, the Released Parties shall be released and forever discharged by the Plaintiff for any and all 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 he may 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 against any of the Released Parties. Upon issuance of the Final Approval Order, Employee expressly acknowledges this Separation Agreement is intended the Class Representative, and all Settlement Class Members shall be permanently barred and enjoined from: (a) asserting any Released Claims in any action or proceeding or from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action or proceeding based on any of the Released Claims; and (b) organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, for purposes of pursuing any action or proceeding (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in its effect, without limitation, all claims Employee does not know a pending or suspect to exist in Employee’s favor at future action or proceeding) based on any of the time of signing this Separation Agreement, and that this Separation Agreement contemplates the extinguishment of any such claimsReleased Claims. Employee affirms that Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee has consulted with or 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 waiver of section 1542, and so Employee freely and knowingly enters into this Separation Agreement. Employee further acknowledges that Employee later may discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described Nothing 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 preclude any later discovery action to enforce the terms 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 theretoAgreement.

Waiver of California Civil Code Section 1542. To effect It is a full condition of the consideration hereof, and is the intention of the Plaintiff, individually, and Defendants in executing this Settlement Agreement, that this Settlement Agreement shall be effective as a complete general release as described aboveand settlement of all claims, Employee expressly waives demands, liens, assignments, contracts, covenants, actions, suits, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, controversies, judgments, orders and relinquishes liabilities, including but not limited to those claims arising out of or relating to or connected with the Action and the Claims, which the Plaintiff, individually, or Defendants now have, or had in the past, or might have in the future against one another. In furtherance of this intention, which may be asserted by and between the Parties, and/or their successors, heirs and/or assigns, Plaintiff and Defendants expressly, knowingly and voluntarily waive any and all rights and/or benefits conferred upon the Plaintiff and benefits of section Defendants by Section 1542 of the California Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving rights under section 1542Code. Section 1542 of the California Civil Code of the State of California states reads as follows: A general GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT 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 acknowledge that they have been advised by their respective counsel of and that they are familiar with the provisions of Section 1542 of the California Civil Code, and that, being aware of that section, the Plaintiff and Defendants expressly waive any and all rights and benefits conferred by that section. This waiver and release applies only to the claims arising out of the Action and the Claims and does not extend to claims that the creditor any other action, pending or releasing party does not know or suspect otherwise. This provision shall become effective at such time as Defendants have complied with all of their obligations pursuant 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 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 Settlement Agreement, and that this Separation Agreement contemplates the extinguishment of any such claims. Employee affirms that Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee has consulted with or 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 waiver of section 1542, and so Employee freely and knowingly enters into this Separation Agreement. Employee further acknowledges that Employee later may 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 thereto.