Common use of Additional Facts Clause in Contracts

Additional Facts. The Parties are aware that they may after the date of this Agreement discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims. Nevertheless, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claims, including existing claims for damages and losses that are presently unknown or unanticipated. In furtherance of this intention, upon the Effectiveness Time, the releases given in this Agreement are and will remain in effect as full and complete mutual releases of Released Claims, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in executing this Agreement and furnishing the releases set forth in this Agreement. Without limiting the generality of the preceding sentences in this Section 9, each Party waives and relinquishes, to the extent permitted by law, any right or benefit that such Party has or might have under any provision of statutory or non-statutory law that might provide that a release does not extend to claims that a person does not know or suspect to exist at the time of execution of the release that, if known, would or might have materially affected the decision to give the release.

Appears in 4 contracts

Samples: Settlement Agreement and Mutual Release (Alamosa Holdings Inc), Settlement Agreement and Mutual Release (Sprint Corp), Agreement and Mutual Release (Ubiquitel Inc)

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Additional Facts. The Parties are aware that they may after the date of this Agreement Signing Date discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims. Nevertheless, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claims, including including, without limitation, existing claims for damages and losses that are presently unknown or unanticipated. In furtherance of this intention, upon the Effectiveness Time, the releases given in this Agreement are and will remain in effect as full and complete mutual releases of Released Claims, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in executing this Agreement and furnishing the releases set forth in this Agreement. Without limiting the generality of the preceding sentences in this Section 9, each Party waives and relinquishes, to the extent permitted by law, any right or benefit that such Party has or might have under any provision of statutory or non-statutory law that might provide that a release does not extend to claims that a person does not know or suspect to exist at the time of execution of the release that, if known, would or might have materially affected the decision to give the release.

Appears in 2 contracts

Samples: Settlement Agreement and Mutual Release (iPCS, INC), Settlement Agreement and Mutual Release (Sprint Nextel Corp)

Additional Facts. The Parties are aware that they may after the date of this Agreement discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims and Specific Claims. Nevertheless, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claimssuch claims, including existing claims for damages and losses that are presently unknown or unanticipated, other than Business Activity Amounts that accrue before the Effective Date and that are not Specific Claims. In furtherance of this intention, upon the Effectiveness Time, the releases given in this Agreement are and will remain in effect as full and complete mutual releases of Released Claims and Specific Claims, other than Business Activity Amounts that accrue before the Effective Date and that are not Specific Claims, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in executing this Agreement and furnishing the releases set forth in this Agreement. Without limiting the generality of the preceding sentences in this Section 9foregoing, each Party waives and relinquishes, to the extent permitted by law, relinquishes any right or benefit that such Party has or might may have under any provision of statutory or non-statutory law that might may provide that a release does not extend to claims that a person does not know or suspect to exist at the time of execution of the release that, if known, would or might may have materially affected the decision to give the release.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Alamosa Holdings Inc)

Additional Facts. The Parties are aware that they may after the date of this Agreement discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims. Nevertheless, except as set forth in Section 5, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claims, including existing claims for damages and losses that are presently unknown or unanticipated. In furtherance of this intention, upon the Effectiveness Time, the releases given in this Agreement are and will remain in effect as full and complete mutual releases of Released Claims, except as set forth in Section 5, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in executing this Agreement and furnishing the releases set forth in this Agreement. Without limiting the generality of the preceding sentences in this Section 913, each Party waives and relinquishes, to the extent permitted by law, any right or benefit that such Party has or might have under any provision of statutory or non-statutory law that might provide that a release does not extend to claims that a person does not know or suspect to exist at the time of execution of the release that, if known, would or might have materially affected the decision to give the release.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Horizon Personal Communications Inc)

Additional Facts. The Parties are aware that they may after the date of this Agreement discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims and Specific Claims. Nevertheless, except as set forth in Section 5 of this Agreement, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claimssuch claims, including existing claims for damages and losses that are presently unknown or unanticipated. In furtherance of this intention, upon the Effectiveness Time, the releases given in this Agreement are and will remain in effect as full and complete mutual releases of Released Claims and Specific Claims, except as set forth in Section 5 of this Agreement, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in executing this Agreement and furnishing the releases set forth in this Agreement. Without limiting the generality of the preceding previous sentences in this Section 911, each Party waives and relinquishes, to the extent permitted by law, relinquishes any right or benefit that such Party has or might may have under any provision of statutory or non-statutory law that might may provide that a release does not extend to claims that a person does not know or suspect to exist at the time of execution of the release that, if known, would or might may have materially affected the decision to give the release.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Airgate PCS Inc /De/)

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Additional Facts. The Parties are aware that they may after the date of this Agreement Termination and Release discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims. Nevertheless, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claimssuch claims, including existing claims for damages and losses that are presently unknown or unanticipated. In furtherance of this such intention, upon the Effectiveness Time, the releases given in this Agreement Termination and Release are and will remain in effect as full and complete mutual releases of Released Claims, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in In executing this Agreement Termination and Release and furnishing the releases set forth in this AgreementTermination and Release, each Party assumes the risk of any mistake. Without limiting the generality of the preceding sentences in this Section 9foregoing, each Party waives and relinquishes, to the extent permitted by law, relinquishes any right or benefit that benefit, which such Party has or might may have under any provision of statutory or non-statutory law that might law, which may provide that a release does not extend to claims that which a person does not know or suspect to exist at the time of execution of the release thatwhich, if known, would or might may have materially affected the decision to give the release.

Appears in 1 contract

Samples: Termination, Mutual Release and Waiver Agreement (Earthlink Inc)

Additional Facts. The Parties are aware that they may after the date of this Agreement discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims. Nevertheless, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claims, including existing claims for damages and losses that are presently unknown or unanticipated. In furtherance of this intention, upon the Effectiveness Time, the releases given in this Agreement are and will remain in effect as full and complete mutual releases of Released Claims, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in executing this Agreement and furnishing the releases set forth in this Agreement. Without limiting the generality of the preceding sentences in this Section 9SECTION 7, each Party waives and relinquishes, to the extent permitted by law, any right or benefit that such Party has or might have under any provision of statutory or non-statutory law that might provide that a release does not extend to claims that a person does not know or suspect to exist at the time of execution of the release that, if known, would or might have materially affected the decision to give the release.

Appears in 1 contract

Samples: Forbearance Agreement and Release (Iwo Holdings Inc)

Additional Facts. The Parties are aware that they may after the date of this Agreement discover claims or facts in addition to or different from those they now know or believe to be true with respect to Released Claims and Specific Claims. Nevertheless, except as set forth in Section 3 of this Agreement, it is the intention of the Parties as of the Effectiveness Time to fully, finally and forever settle and release all Released Claimssuch claims, including existing claims for damages and losses that are presently unknown or unanticipated. In furtherance of this intention, upon the Effectiveness Time, the releases given in this Agreement are and will remain in effect as full and complete mutual releases of Released Claims and Specific Claims, except as set forth in Section 3 of this Agreement, notwithstanding the discovery or existence of any additional or different facts relative to them. Each Party assumes the risk of any mistake in executing this Agreement and furnishing the releases set forth in this Agreement. Without limiting the generality of the preceding previous sentences in this Section 98, each Party waives and relinquishes, to the extent permitted by law, relinquishes any right or benefit that such Party has or might may have under any provision of statutory or non-statutory law that might may provide that a release does not extend to claims that a person does not know or suspect to exist at the time of execution of the release that, if known, would or might may have materially affected the decision to give the release.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Shenandoah Telecommunications Co/Va/)

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