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

Waiver of Civil Code Section 1542. It is a condition of this Agreement and is the intention of Employee in executing this Agreement that the same shall be effective as a bar as to each and every claim, demand and cause of action specified above and, in furtherance of this intention, Employee hereby expressly waives any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 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.” Employee acknowledges that Employee may later discover claims or facts in addition to or different from those which Employee now knows or believes to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this Agreement. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee acknowledges that Employee understands the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Appears in 2 contracts

Samples: Separation and General Release Agreement (Emcore Corp), Separation and General Release Agreement (Emcore Corp)

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Waiver of Civil Code Section 1542. It is a further condition of this Agreement and is the intention of Employee the parties in executing this Agreement that the same shall be effective as a bar as to each and every claim, demand Claim hereinabove specified and cause of action specified above and, in furtherance of this intention, Employee the parties hereby expressly waives waive any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actionsaction, if any, as well as those relating to any other claims, demands and causes of actions specified aboveClaims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 provides: “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.” Employee acknowledges The parties each acknowledge that Employee they each may later hereinafter discover claims or facts in addition to or different from those which Employee they now knows know or believes believe to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement as expressed in this Agreement. Nevertheless, Employee the parties hereby waives waive any right, claim Claim or cause of action that might arise as a result of such different or additional claims Claims or facts. Employee acknowledges The parties acknowledge that Employee understands they each understand the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Appears in 2 contracts

Samples: Confidential Settlement and Mutual General Release Agreement (Temecula Valley Bancorp Inc), Confidential Settlement and Mutual General Release Agreement (Temecula Valley Bancorp Inc)

Waiver of Civil Code Section 1542. It is a condition The Parties acknowledge that they have been informed by their attorneys of this Agreement and is the intention provisions of Employee in executing this Agreement that Section 1542 of the same shall be effective as a bar as to each and every claimCivil Code of the State of California, demand and cause of action specified above and, in furtherance of this intentionto the extent applicable, Employee the Parties do each hereby expressly waives waive and relinquish any and all rights and benefits which they had, or benefits conferred by may have had, under Section 1542 of the provisions Civil Code of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all the State of its express terms and conditionsCalifornia, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to or any other claims, demands and causes of actions specified abovefederal or state statutory or common law rights or rules similar to Section 1542. CALIFORNIA CIVIL CODE SECTION Section 1542 providesprovides 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” Employee acknowledges The Parties each expressly waive and release any right or benefit which they have or may have under Section 1542, or any similar law or rule of any jurisdiction, to the full extent that Employee they may later waive all such right and benefits pertaining to the matters released in this Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may subsequently discover claims presently unknown or unsuspected, or facts in addition to or different from those which Employee they now knows know or believes believe to exist be true with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected matters released in this Agreement. Nevertheless, Employee hereby waives any rightit is the intention of the Parties, claim through this Agreement, and with the advice of counsel, fully, finally, and forever to settle and release all such matters and all such claims which do now exist, may exist, or cause of action that might arise as a result previously have existed between the parties. In furtherance of such intention, the releases given by this Agreement shall be and remain in effect as full and complete releases of such matters notwithstanding the discovery or existence of any such additional or different or additional claims or facts. Employee acknowledges that Employee understands the significance and consequence of facts relative to such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542matters.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Biomarin Pharmaceutical Inc)

Waiver of Civil Code Section 1542. It is a further condition of this Agreement the consideration hereof and is the intention of Employee Xxxxxx and the Company in executing this Agreement instrument that the same shall be effective as a bar as to each and every claim, demand demand, and cause of action hereinabove specified above and, in furtherance of this intention, Employee Xxxxxx and the Company hereby expressly waives waive any and all rights or benefits conferred by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions specified abovehereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 provides: “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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” Employee acknowledges Xxxxxx and the Company acknowledge that Employee they may later hereafter discover claims or facts in addition to or different from those which Employee that they now knows know or believes believe to exist with respect to the subject matter of this Agreement and whichthat, if known or suspected at the time of executing this Agreement, may have materially affected this Agreementsettlement. Nevertheless, Employee Xxxxxx and the Company hereby waives waive any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee acknowledges that Employee understands the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Modtech Holdings Inc)

Waiver of Civil Code Section 1542. It is a condition of this Agreement and is the intention of Employee in executing this Agreement that the same shall be effective as a bar as to each and every claim, demand and cause of action specified above and, in furtherance of this intention, Employee The Parties hereby expressly waives waive any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according they may have pursuant to each and all of its express terms and conditionsCalifornia Civil Code section 1542, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, which reads as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 providesfollows: 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.” Employee acknowledges that Employee may later discover claims or facts in addition to or different from those which Employee now knows or believes to exist with respect to . The Parties hereby expressly waive the subject matter provisions of California Civil Code section 1542 and incorporate said section by reference into this Agreement and whichfurther expressly waive any right to invoke said provisions now or at any time in the future in connection with claims related to those asserted in Plaintiffs’ Lawsuit, if known the County’s Cross-Complaint, N.L.’s Charges, or suspected at which exist or may exist up through the time Effective Date of executing this Agreement, may have materially affected this Agreement. NeverthelessThe Parties agree and understand that that factors which have induced them to enter into this Agreement may turn out to be incorrect or to be different from what they had previously anticipated, Employee and they hereby waives expressly assume any right, claim or cause and all of action that might arise as a result the risks thereof and further expressly assumes the risks of such different or additional claims or facts. Employee acknowledges that Employee understands waiving the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION rights provided by California Civil Code section 1542.

Appears in 1 contract

Samples: Settlement Agreement and Release of All Claims

Waiver of Civil Code Section 1542. It is a condition CTI and Enable each hereby acknowledge its familiarity with the provisions of this Agreement Section 1542 of the California Civil Code, and is the intention of Employee in executing this Agreement that the same shall be effective as a bar as to each and every claim, demand and cause of action specified above and, in furtherance of this intention, Employee hereby expressly waives and releases any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditionsit has or may have thereunder, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to or under any other claimsfederal or state statutory rights or rules, demands and causes or principles of actions specified abovecommon law or equity, or those of any jurisdiction, government, or political subdivision, similar to Section 1542 (“Similar Provision”). CALIFORNIA CIVIL CODE SECTION Thus, neither CTI nor Enable nor any of their respective related individuals or entities may invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in any manner any Claims that are released under this Agreement. Section 1542 of the California Civil Code 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 THATgeneral 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYwhich if known by him or her must have materially affected his or her settlement with the debtor.” Employee CTI and Enable each hereby expressly and knowingly acknowledges that Employee it hereafter may later discover claims Claims or facts in addition to or different from those which Employee now it knows or believes to exist with respect to the subject matter of this Agreement and hereof which, if known or suspected at the time of executing this AgreementRelease, may have materially affected this AgreementRelease. Nevertheless, Employee CTI and Enable each affirms its intention, individually and on behalf of its respective related individuals and entities, hereby waives to fully, finally and forever release all disputes and differences, known or unknown, suspected or unsuspected, and whether or not concealed or hidden, including the rights specified in California Civil Code Section 1542 or any rightSimilar Provision, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee acknowledges that Employee understands the significance set forth in Sections 3.1 and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 15423.2 above.

Appears in 1 contract

Samples: Cell Therapeutics Inc

Waiver of Civil Code Section 1542. It is a condition I and participant and the Club further acknowledge that the terms of this Agreement have been negotiated and is agreed upon after considering the intention possibility of Employee in executing discovering facts other than, or different from, those which the Parties now know or believe to be true with respect to the subject matter covered by this Agreement that Agreement, and the same shall be effective as a bar as Parties intend to each and every claimfully, demand and cause of action specified above andrelease any all claims, in furtherance of this intentionknown or unknown, Employee suspected or unsuspected, contingent or non-contingent. Therefore, the Parties hereby expressly waives any rights such may have in any claims, which now exist, or heretofore have existed upon any theory of law or equity now existing (or coming into existence in the future), without regard to the subsequent discovery or existence of such different or additional facts, and specifically and expressly waives all rights right or benefits conferred by that the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditionsParties now have, including those relating to unknown and unsuspected claimsor in the future may have, demands and causes of actionsunder California Civil Code section 1542, if any, which provides as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 providesfollows: A GENERAL RELEASE DOES NOT EXTEND TO THE 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.” Employee acknowledges that Employee DEBTOR. Initial Property Loss: All personal property brought to the activity is brought at the sole risk of the participant as to its theft, damage, or loss. I and participant hold the club harmless for any theft, damage, or loss of stolen property. Initial Medical: I give my consent to emergency medical care and transportation in order to obtain treatment in the event of injury, as the Club may later discover claims deem appropriate. Initial Severability: Any provision or facts in addition portion of this Assumption of Risk, Hold Harmless and Release found to or different from those which Employee now knows or believes to exist be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The remaining provisions or portion hereof, shall be construed and enforced to the subject matter of this Agreement and which, same effect as if known such offending provision or suspected at the time of executing this Agreement, may have materially affected this Agreementportion thereof had not been contained herein. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee acknowledges that Employee understands the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.Initial NAME OF PARENT/LEGAL GUARDIAN SIGNATURE OF PARENT/LEGAL GUARDIAN DATE MEDICAL INFORMATION FULL NAME OF CAMPER CAMPER’S DATE OF BIRTH ALLERGIES MEDICATIONS MEDICAL HISTORY AND/OR SPECIAL CONDITIONS FAMILY PHYSICIAN NAME FAMILY PHYSICIAN PHONE NUMBER MEDICAL INSURANCE CARRIER MEDICAL INSURANCE GROUP/POLICY # MEDICAL INSURANCE CONTACT NUMBER EMERGENCY CONTACT INFORMATION FIRST EMERGENCY CONTACT FIRST EMERGENCY CONTACT CELL PHONE SECOND EMERGENCY CONTACT SECOND EMERGENCY CONTACT CELL PHONE NAMES OF PEOPLE OTHER THAN PARENTS/LEGAL GUARDIANS AUTHORIZED TO ESCORT CAMPER HOME FIRST & LAST NAME FIRST & LAST NAME FIRST & LAST NAME FIRST & LAST NAME

Appears in 1 contract

Samples: www.mvtc.org

Waiver of Civil Code Section 1542. It is a condition of this Agreement and is the intention of Employee in executing each of the Parties that, subject to each of the Notis Lenders’ Exclusion and of the Goh Exclusion, this Agreement that the same shall be effective as a bar as to each full and every claimfinal accord, demand satisfaction, and cause release of action specified above andall of the claims and other matters described hereinabove (individually and collectively, in the “Released Claim(s),” which Released Claim(s), the Parties specifically acknowledge, do not include either of the Notis Lenders’ Exclusion or the Goh Exclusion). In furtherance of this intention, Employee hereby expressly waives each Party acknowledges and agrees that the release of Released Claims provided for in this Agreement shall extend to any and all rights Released Claims, whether known or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and expressly consents that this Agreement shall be given full force waives and effect according to each and all of its express terms and conditionsrelinquishes any right any Party may have under California Civil Code, including those relating to unknown and unsuspected claimsSection 1542, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 provideswhich provides that: “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.” Employee acknowledges Each Party expressly waives and releases any and all rights and benefits that Employee such Party has or may have under California Civil Code, Section 1542, and any other similar law or rule in any other jurisdiction pertaining to the matters released in this Agreement. Each Party understands, acknowledges, and agrees that he or it may later discover claims or facts in addition to to, or different from from, those which Employee that he or it now knows or believes to exist with respect be true as to the Released Claims or the subject matter of this Agreement; but, it is the intention of each of the Parties, through and in accordance with this Agreement and whichwith the advice of counsel of his or its own choosing, if known or suspected at fully, finally, and forever, but, subject to each of the time Notis Lenders’ Exclusion and of executing the Goh Exclusion, to settle and release any and all Released Claims. In furtherance of this Agreementintention, may have materially affected the releases of the Released Claims provided for under this Agreement. NeverthelessAgreement shall be, Employee hereby waives and are to remain in effect as, full and complete releases of any right, claim or cause and all Released Claims notwithstanding the discovery of action that might arise as a result of such different or any additional claims or factsfacts relating to such releases. Employee acknowledges that Employee understands the significance Settlement Agreement and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542Mutual Release Notis/PCH et al.

Appears in 1 contract

Samples: Settlement Agreement and Mutual General Release (Notis Global, Inc.)

Waiver of Civil Code Section 1542. It is a condition In consideration for this Agreement, and to the extent necessary for effect in the State of this Agreement and is the intention of Employee in executing this Agreement California, KASB acknowledges that the same shall release herein includes potential claims and costs which may not be effective as a bar as known or suspected to each exist, and every claimthat KASB hereby agrees that all rights under Section 1542 of the Civil Code of California, demand and cause any similar law of action specified above andany state or territory of the United States, in furtherance of this intention, Employee are hereby expressly waives any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION waived, unless otherwise stated. California Civil Code Section 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, states as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 providesfollows: 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 RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Employee . In making this waiver, KASB acknowledges that Employee it may later hereafter discover claims or facts in addition to or different from those which Employee he now knows or believes to exist be true with respect to the subject matter of matters released herein, but he affirms that he has taken that possibility into account in reaching this Agreement and whichthat, if notwithstanding the discovery or existence of any such additional or different facts as to which KASB expressly assumes the risk, it fully, finally and forever settle and releases any and all such claims, known or unknown, suspected at the time of executing this Agreementor unsuspected, may disclosed or undisclosed, contingent or non-contingent, whether or not concealed or hidden, which now exist or heretofore have materially affected this Agreement. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee acknowledges that Employee understands the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542existed.

Appears in 1 contract

Samples: Confidential Settlement Agreement and Release

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Waiver of Civil Code Section 1542. It is a condition The Final Settlement Class members acknowledge that they each may have claims within the description of this Agreement paragraph X.A that are presently unknown and is the intention of Employee in executing this Agreement that the same shall be effective as a bar as release contained in this Settlement Agreement is intended to each and every claimwill fully, demand finally, and cause forever discharge all such claims, whether known or unknown, to the extent they fall within the description of action specified above andclaims being released above. ACCORDINGLY, in furtherance of this intentionEACH FINAL SETTLEMENT CLASS MEMBER EXPRESSLY UNDERSTANDS AND AGREES TO WAIVE THE PROVISIONS OF, Employee hereby expressly waives any and all rights or benefits conferred by the provisions of CALIFORNIA AND RELINQUISH ALL RIGHTS AND BENEFITS AFFORDED BY, CIVIL CODE SECTION 1542, AS TO THE RELEASED CLAIMS ONLY. CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 providesPROVIDES IN FULL 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.” Employee acknowledges DEBTOR. In giving this waiver, the Final Settlement Class members acknowledge that Employee they may later hereafter discover claims or facts in addition to or different from those which Employee they now knows or believes believe to exist be true with respect to the subject matter of released claims, but agree that they have taken that possibility into account in reaching this Settlement Agreement and whichthat, if known notwithstanding the discovery or suspected at existence of any such additional or different facts, as to which the time of executing this AgreementFinal Settlement Class Members expressly assume the risk, may have materially affected this Agreement. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise they freely and voluntarily give the release as a result of such different or additional claims or facts. Employee acknowledges that Employee understands the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542set forth above.

Appears in 1 contract

Samples: Settlement Agreement and Release of Claims

Waiver of Civil Code Section 1542. It is a condition of this Agreement and is the intention of Employee Executive in executing this Agreement Release that the same shall be effective as a bar as to each and every claim, demand and cause of action Claim hereinabove specified above and, in (except for those Claims specifically not covered by the release set forth above). In furtherance of this intention, Employee Executive hereby expressly waives any and all rights or and benefits conferred upon his by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement Release shall be given full force and effect according to each and all of its express terms and conditionsprovisions, including those relating related to unknown and unsuspected claims, demands and causes of actionsClaims, if any, as well as those relating to any other claimsClaims hereinabove specified (except, demands and causes of actions specified in each case, for those Claims specifically not covered by the release set forth above). CALIFORNIA CIVIL CODE SECTION 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT A CLAIM 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” Employee Executive acknowledges that Employee he may later hereafter discover claims Claims or facts in addition to or different from those which Employee Executive now knows or believes to exist with respect to the subject matter of this Agreement Release and which, if known or suspected at the time of executing this AgreementRelease, may have materially affected this Agreementsettlement. Nevertheless, Employee Executive hereby waives any right, claim Claim or cause of action that might arise as a result of such different or additional claims Claims or facts. Employee Executive acknowledges that Employee he understands the significance and consequence consequences of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Wesco Aircraft Holdings, Inc)

Waiver of Civil Code Section 1542. It is a condition If the Conditions Precedent are satisfied, the Parties acknowledge and agree that the release of the Claims provided for in this Agreement shall extend to any and is the intention of Employee in executing this Agreement that the same shall be effective as a bar as to each all Claims accruing before January 1, 2025, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and every claim, demand expressly waive and cause of action specified above and, in furtherance of this intention, Employee hereby expressly waives relinquish any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditionsParties may have under California Civil Code Section 1542, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 provideswhich provides that: 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.” Employee . The Parties expressly waive and release any and all rights and benefits which they have, or may have, under Civil Code Section 1542. Each of the Parties understands, acknowledges and agrees that Employee it may later discover claims or facts in addition to to, or different from from, those which Employee it now knows or believes to exist with respect be true as to the Claims or the subject matter of this Agreement, but it is the intention of each of the Parties, through and in accordance with this Agreement and whichwith the advice of counsel, if known to fully, finally and forever settle and release any and all Claims directly related to or suspected at directly arising from the time claims and allegations that were the subject of executing the Complaint in the Action. The releases of the Claims provided for under this AgreementAgreement shall be, may have materially affected this Agreement. Neverthelessand are to remain in effect as, Employee hereby waives full and complete releases of any right, claim and all Claims directly related to or cause directly arising from the claims and allegations that were the subject of action that might arise as a result the Complaint in the Action notwithstanding the discovery of such different or any additional claims or factsfacts relating to such releases prior to January 1, 2025. Employee acknowledges that Employee understands the significance and consequence of such release and such specific Nothing herein shall be construed as a waiver of CALIFORNIA CIVIL CODE SECTION 1542any Party’s rights to bring claims against another Party under the constitutional and statutory provisions upon which the claims in the Action were brought that are not directly related to or directly arising from the claims and allegations that were the subject of the Complaint. Moreover, the Parties expressly agree that nothing herein shall be construed as a waiver of any Party’s rights to bring claims against another Party accruing on or after January 1, 2025, regardless of whether those claims in any way relate to or arise from the claims and allegations that were the subject of the Complaint.

Appears in 1 contract

Samples: Conditional Settlement Agreement and Mutual Release

Waiver of Civil Code Section 1542. It is a condition of With respect to the claims waived or release as set forth in this Agreement Agreement, Buyer and is the intention of Employee in executing this Agreement that the same shall be effective as a bar as Seller acknowledge to each other they have been advised by legal counsel of their own selection and every claim, demand and cause of action specified above and, in furtherance of this intention, Employee hereby expressly waives any and all rights or benefits conferred by are familiar with the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditionsCalifornia Civil Code Section 1542, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, which provides as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 providesfollows: "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 HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THATRELEASE, WHICH IF KNOWN BY HIM OR HIM/HER, WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HIS/HER SETTLEMENT WITH THE DEBTOR DEBTOR." THE UNDERSIGNED, BEING AWARE OF SAID CODE SECTION, EACH HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR RELEASED PARTY.” Employee acknowledges that Employee COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING TO THE WAIVERS AND RELEASES. Further, each Party represent and warrant to the other it is executing this Agreement with full knowledge of any and all rights which it may later discover claims or facts in addition to or different from those which Employee now knows or believes to exist have by reason of any of the matters described herein with respect to the subject matter Property. Each Party assumes the risk of mistake of fact in connection with the true facts involved in connection with the matters described herein, and with respect to any facts which are now unknown to either Party relating thereto and agrees that this Agreement shall be in all respects enforceable and which, if known not subject to termination or suspected at the time of executing this Agreement, may have materially affected this Agreement. Nevertheless, Employee hereby waives rescission by any right, claim or cause of action that might arise as a result of such different or additional claims or difference in facts. Employee acknowledges that Employee understands the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.SELLER BUYER

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions

Waiver of Civil Code Section 1542. It is a condition of this Agreement and is the intention of Employee in executing each of the Parties that this Agreement that the same shall be effective as a bar full and final accord, satisfaction and release of all of the claims and other matters as to each described in Paragraph 6, above (individually and every claimcollectively, demand and cause of action specified above and, in the “Released Claim(s)”). In furtherance of this intention, Employee hereby expressly waives each Party acknowledges and agrees that the release of Released Claims provided for in this Agreement shall extend to any and all rights Released Claims, whether known or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and expressly consents that this Agreement shall be given full force waives and effect according to each and all of its express terms and conditionsrelinquishes any right any Party may have under California Civil Code, including those relating to unknown and unsuspected claimsSection 1542, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 provideswhich provides that: “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.” Employee Each Party expressly waives and releases any and all rights and benefits that such Party has or may have under California Civil Code, Section 1542, and any other similar law or rule in any other jurisdiction pertaining to the matters released in this Agreement. Each Party understands, acknowledges and agrees that Employee he or it may later discover claims or facts in addition to to, or different from from, those which Employee he or it now knows or believes to exist with respect be true as to the Released Claims or the subject matter of this Agreement, but it is the intention of each of the Parties, through and in accordance with this Agreement and whichwith the advice of counsel of his or its own choosing, if known or suspected at fully, finally and forever to settle and release any and all Released Claims. In furtherance of this intention, the time releases of executing the Released Claims provided for under this AgreementAgreement shall be, may have materially affected this Agreement. Neverthelessand are to remain in effect as, Employee hereby waives full and complete releases of any right, claim or cause and all Released Claims notwithstanding the discovery of action that might arise as a result of such different or any additional claims or facts. Employee acknowledges that Employee understands the significance and consequence of facts relating to such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542releases.

Appears in 1 contract

Samples: Termination Agreement (JOINT Corp)

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