1542 Waive r and Additional Rele ase Sample Clauses

1542 Waive r and Additional Rele ase. In addition to the above, as of the Effective Date, the Named Plaintiffs hereby waive and release any and all provisions, rights, or benefits conferred by section 1542 of the California Civil Code, or by any other similar, comparable or equivalent laws of the states of Arizona, Colorado, New York, Ohio, Washington, or any other state, territory, or province of the United States or other jurisdiction, or principle of common law, that are similar, comparable or equivalent to §1542 of the California Civil Code to the fullest extent that they may lawfully waive such rights or benefits with respect to the Released Claims. Section 1542 of the California Civil Code provides 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. Each of the Named Plaintiff expressly acknowledges, and the Named Plaintiff shall be deemed by operation of the Final Approval Order to have acknowledged, that the foregoing waiver was separately bargained for and is a material element of the Settlement Agreement and that they been advised by their attorney(s) of the contents and effect of Section 1542. Each of the Named Plaintiffs may hereafter discover facts other than or different from those which he/she knows to be true with respect to the Named Plaintiffs Released Claims, but each Named Plaintiff hereby expressly fully, finally, and forever settles and releases any known or unknown, suspected or unsuspected, contingent or non-contingent claim that would otherwise fall within the definition of Named Plaintiffs Released Claims, without regard to subsequent discovery or existence of such different or additional facts.