Common use of 1542 Waiver Clause in Contracts

1542 Waiver. It is the intention of Xxxxx in executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: “A 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.” Xxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxx now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 4 contracts

Samples: Employment Separation and General Release Agreement, Employment Separation and General Release Agreement (MSC Software Corp), Employment Separation and General Release Agreement (MSC Software Corp)

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1542 Waiver. It is the intention of Xxxxx Xxxxxx in executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx Xxxxxx hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: “A 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.” Xxxxx Xxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxx Xxxxxx now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Xxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxx Xxxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 3 contracts

Samples: Employment Agreement (MSC Software Corp), Employment Agreement (MSC Software Corp), Employment Separation and General Release Agreement (MSC Software Corp)

1542 Waiver. It is the intention of Xxxxx Executive in executing this instrument Release Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Executive hereby expressly waives any and all rights and benefits conferred upon him or her by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Release Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Executive now knows or believes to exist with respect to the subject matter of this Separation Release Agreement and which, if known or suspected at the time of executing this Separation Release Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx Executive acknowledges that he or she understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 3 contracts

Samples: Employment Agreement (Hcp, Inc.), Employment Agreement (Hcp, Inc.), Employment Agreement (Hcp, Inc.)

1542 Waiver. It is the intention of Xxxxx Xxxxxx in executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx Xxxxxx hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: “A 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.” Xxxxx Xxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxx Xxxxxx now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Xxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxx Xxxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 2 contracts

Samples: Employment Agreement (MSC Software Corp), Employment Separation and General Release Agreement (MSC Software Corp)

1542 Waiver. It is the intention of Xxxxx Executive in executing this instrument Release Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Executive hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Release Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Executive now knows or believes to exist with respect to the subject matter of this Separation Release Agreement and which, if known or suspected at the time of executing this Separation Release Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx Executive acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 2 contracts

Samples: Employment Agreement (Pacific Sunwear of California Inc), Employment Agreement (Pacific Sunwear of California Inc)

1542 Waiver. It is the intention of Xxxxx Executive in executing this instrument Separation Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Executive hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Executive now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx Executive acknowledges that he understands the significance and consequences of such release the foregoing Release and such specific waiver of SECTION 1542.

Appears in 2 contracts

Samples: Employment Separation and General Release Agreement (Power One Inc), Employment Separation and General Release Agreement (Power One Inc)

1542 Waiver. It is the intention of Xxxxx Departing Employee and QLogic in executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx Departing Employee and QLogic each hereby expressly waives any and all rights and benefits conferred upon him him/her or it by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and each expressly consents that this Separation Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Departing Employee and QLogic each acknowledges that he may hereafter discover claims he/she or facts in addition to or different from those which Xxxxx now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxx acknowledges that he it understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Separation Agreement (Qlogic Corp)

1542 Waiver. It is the intention of Xxxxx Employee in executing this instrument Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Employee hereby expressly waives any and all rights and benefits conferred upon him Employee by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Employee acknowledges that he Employee may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Employee now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Employee 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. Xxxxx Employee acknowledges that he Employee understands the significance and consequences of such release the foregoing Release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: General Release Agreement (Alaska Air Group, Inc.)

1542 Waiver. It is the intention of Xxxxx Xxxxxx in executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx Xxxxxx hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "A 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.” Xxxxx " Xxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxx Xxxxxx now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Xxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxx Xxxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (Extended Systems Inc)

1542 Waiver. It is the intention of Xxxxx Xxxxxxx in executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx Xxxxxxx hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: “A 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.” Xxxxx Xxxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxx Xxxxxxx now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Xxxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxx Xxxxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (MSC Software Corp)

1542 Waiver. It is the intention of Xxxxx Executive in executing this instrument Separation Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Executive hereby expressly waives any and all rights and benefits conferred upon him her by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: "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.” Xxxxx " Executive acknowledges that he she may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Executive now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx Executive acknowledges that he she understands the significance and consequences of such release the foregoing Release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Separation Agreement (Pacific Sunwear of California Inc)

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1542 Waiver. It is the intention of Xxxxx Xxxxxxxx in executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx Xxxxxxxx hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: “A 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.” Xxxxx Xxxxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxx Xxxxxxxx now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Xxxxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxx Xxxxxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (MSC Software Corp)

1542 Waiver. It is the intention of Xxxxx Xxxxxx and the Company in ----------- executing this instrument that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Xxxxx Xxxxxx and the Company hereby expressly waives waive any and all rights and benefits conferred upon him them by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents consent that this Separation and Consulting Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "A 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.” Xxxxx acknowledges " Xxxxxx and the Company acknowledge that he they may hereafter discover claims or facts in addition to or different from those which Xxxxx Xxxxxx and the Company now knows know or believes believe to exist with respect to the subject matter of this Separation and Consulting Agreement and which, if known or suspected at the time of executing this Separation and Consulting Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx acknowledges Xxxxxx and the Company acknowledge that he understands they understand the significance and consequences consequence of such release and such specific waiver of SECTION Section 1542.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Gemstar Tv Guide International Inc)

1542 Waiver. It is the intention of Xxxxx Executive in executing this instrument Release Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx to the extent California law is applicable, Executive hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Release Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Executive now knows or believes to exist with respect to the subject matter of this Separation Release Agreement and which, if known or suspected at the time of executing this Separation Release Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx Executive acknowledges that he or she understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Agreement (Power One Inc)

1542 Waiver. It is the intention of Xxxxx Individual in executing this instrument Separation Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Individual hereby expressly waives any and all rights and benefits conferred upon him her by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Individual acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Individual now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Individual 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. Xxxxx Individual acknowledges that he understands the significance and consequences of such release the foregoing Release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (Pacific Sunwear of California Inc)

1542 Waiver. It is the intention of Xxxxx Executive in executing this instrument Release Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Executive hereby expressly waives any and all rights and benefits conferred upon him or her by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Release Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Executive now knows or believes to exist with respect to the subject matter of this Separation Release Agreement and which, if known or suspected at the time of executing this Separation Release Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx Executive acknowledges that he Executive understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Agreement (Hcp, Inc.)

1542 Waiver. It is the intention of Xxxxx Executive in executing this instrument Release Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Executive hereby expressly waives any and all rights and benefits conferred upon him by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Release Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “A 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.” Xxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Executive now knows or believes to exist with respect to the subject matter of this Separation Release Agreement and which, if known or suspected at the time of executing this Separation Release Agreement, may have materially affected this settlement. Nevertheless, Xxxxx 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. Xxxxx Executive acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Resignation Agreement (Pacific Sunwear of California Inc)

1542 Waiver. It is the intention of Xxxxx Individual in executing this instrument Separation Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Xxxxx Individual hereby expressly waives any and all rights and benefits conferred upon him his by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and expressly consents that this Separation Agreement (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 provides: “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.” Xxxxx Individual acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxx Individual now knows or believes to exist with respect to the subject matter of this Separation Agreement and which, if known or suspected at the time of executing this Separation Agreement, may have materially affected this settlement. Nevertheless, Xxxxx Individual 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. Xxxxx Individual acknowledges that he understands the significance and consequences of such release the foregoing Release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (Napster Inc)

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