California Civil Code § 1542 Waiver. Each of the Parties, on behalf of themselves and their respective Subsidiaries, expressly and knowingly waive any and all rights or remedies which they have or may have under the provisions of Section 1542 of the California Civil Code (or any similar statute in any other state or jurisdiction) with respect to all potential claims described in Sections 4.1, 4.2, 4.3, and 4.4, whether known or unknown. Section 1542 reads as follows:
California Civil Code § 1542 Waiver. The Holder, on their behalf and on behalf of any Accompanying Parties and their Related Persons, further acknowledges and agrees that they are familiar with and hereby expressly and intentionally waive the provisions, rights, benefits, and protections which they may have now, or in the future may have, of Section 1542 of the California Civil Code which 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.
California Civil Code § 1542 Waiver. California Civil Code Section 1542 (“Section 1542”) states: "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." The KASB Parties’ and Packed Party Parties’ respective releases, as set forth in Sections 4.1 and 4.2 above, extend to all rights granted under Section 1542, and the Parties hereby expressly waive such rights with respect to any Claims. The Parties understand that the facts upon which these releases are premised may hereafter turn out to be other than or different from the facts now known or believed by the Parties to be true. The Parties accept and assume the risk of the facts to be different than now known or believed to be true. The Parties agree that these releases shall be and remain in all respects effective and not subject to termination or rescission by virtue of any difference of facts.
California Civil Code § 1542 Waiver. In granting the release herein, which includes claims that may be unknown to you at present, you acknowledge that you have read and understand Section 1542 of the California Civil Code, which states: Employee initials __CT__ 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. You hereby expressly waive and relinquish all rights and benefits under that Section and any law or legal principle of similar effect in any jurisdiction with respect to the releases granted herein, including but not limited to the release of unknown and unsuspected claims granted in this Agreement.
California Civil Code § 1542 Waiver. Without limiting the generality of the foregoing, the Parties understand and agree that the releases in this Section 10 are intended to and do operate as full and final releases of all claims within the scope of Section 10, including all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character. The MetaBank Parties acknowledge that they may have claims, and may have sustained damages, expenses, and losses, within the scope of Section 10 that are presently unknown or not suspected, and that such claims, damages, expenses, and losses, if any, might give rise to additional damages, expenses, or losses in the future that are not now anticipated, or that might have materially affected their decision to enter into such releases. The MetaBank Parties understand that they may hereafter discover facts different from what they now believe to be true, which if known, could have materially affected their decisions or such releases, but the MetaBank Parties confirm their intention to waive all such applicable claims, damages, expenses, and losses, including unknown claims, damages, expenses and losses and any claims, damages, expenses, and losses based on different or additional facts. The MetaBank Parties further acknowledge and agree that by reason of this Agreement and the waiver and release and discharge contained herein, they are assuming any risk of such unknown, unsuspected, undisclosed, or hidden facts and such unknown, unsuspected, undisclosed, or hidden Released Claims within the scope of Section 10. The MetaBank Parties accordingly expressly waive and relinquish, to the fullest extent permitted by law, any and all provisions, rights, and benefits that they may have under statute, principle of public policy, federal law, or any law of any state or territory of the United States or any foreign country, or principle of common law, which would narrowly construe releases purporting by their terms to release such unknown or unsuspected claims in whole or in part or which would limit or restrict the effect of the releases to those claims actually known or suspected to exist at the time of the execution of the releases, including but not limited to Section 1542 of the California Civil Code, or any similar provision of law or successor statute to it, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST I...
California Civil Code § 1542 Waiver. Each Party acknowledges that it has been advised by legal counsel and is familiar with California Civil Code section 1542, which provides as follows: Having been informed of the provisions of California Civil Code section 1542, the Dahan Releasors nevertheless hereby waives any rights that it may have under said Section or any similar or equivalent statute or law that may be applicable.
California Civil Code § 1542 Waiver. The Parties each acknowledge that they are familiar with or have been advised regarding the provisions of Section 1542 of the California Civil Code, which 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.” and similar statutes of other states in the United States, and common law principles of similar effect as Section 1542. The Parties, being aware of Section 1542 and similar laws and common law principles, hereby are deemed to have expressly waived any rights that any of them have or assert thereunder, to the extent such section or laws relate to any of the claims released herein .
California Civil Code § 1542 Waiver. The Holder, on their behalf and on behalf of any Accompanying Parties and their Related Persons, further acknowledges and agrees that they are familiar with and do hereby waive the provisions and protections of Section 1542 of the California Civil Code which 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.
California Civil Code § 1542 Waiver. The City, and PG&E each certifies that it has read Section 1542 of the California Civil Code, which 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.” As to the matters released in this Agreement, the City and PG&E each specifically waives any benefit or right under California Civil Code Section 1542 and each assumes all risks of claims, known or unknown, heretofore or hereafter, arising from this waiver.
