Common use of 1542 Waiver Clause in Contracts

1542 Waiver. It is the intention of 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, 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.” Xxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which 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, Xxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 5 contracts

Samples: Employment Agreement (MSC Software Corp), Employment Agreement (MSC Software Corp), Employment Agreement (MSC Software Corp)

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1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx Executive acknowledges that he or she understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 4 contracts

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

1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Xxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx Xxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxxx Xxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 4 contracts

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

1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx Executive acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 2 contracts

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

1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx 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 Xxxxxx 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, Xxxxxx 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.” Xxxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx 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 Xxxxxx 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, Xxxxxx 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.” Xxxxxx Individual acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx 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 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, 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." Xxxxxx acknowledges and the Company acknowledge that he they may hereafter discover claims or facts in addition to or different from those which 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, 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. Xxxxxx acknowledges 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 Xxxxxx 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, Xxxxxx 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.” Xxxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx 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 Xxxxxx 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, Xxxxxx 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.” Xxxxxx Xxxxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx Xxxxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxxx 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 Xxxxxx 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, Xxxxxx 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.” Xxxxxx Xxxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx Xxxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxxx 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)

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1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx " Executive acknowledges that he she may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx 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 and General Release Agreement (Pacific Sunwear of California Inc)

1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Individual acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx 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)

1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Employee acknowledges that he Employee may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx Employee acknowledges that he Employee understands the significance and consequences of such release the foregoing Release and such specific waiver of SECTION 1542. VIII.

Appears in 1 contract

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

1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Executive acknowledges that he may hereafter discover claims Claims or facts in addition to or different from those which Xxxxxx 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, Xxxxxx 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. Xxxxxx 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 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, 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." Xxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which 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, Xxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxxx acknowledges that he understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Separation Agreement (Extended Systems Inc)

1542 Waiver. It is the intention of Xxxxxx 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, Xxxxxx 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.” Xxxxxx Departing Employee and QLogic each acknowledges that he may hereafter discover claims he/she or facts in addition to or different from those which 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, Xxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Xxxxxx acknowledges that he it understands the significance and consequences of such release and such specific waiver of SECTION 1542.

Appears in 1 contract

Samples: Separation Agreement (Qlogic Corp)

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