Common use of Certain Claims Not Affected By General Release Clause in Contracts

Certain Claims Not Affected By General Release. 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; or by any law of any state or territory of the United States or District of Columbia, or by principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code. Each Releasor and Releasee may hereafter discover facts other than or different from those which he, she or it knows or believes to be true with respect to the claims that are the subject of the provisions of paragraphs 18 and 19 of this Agreement, but each Releasor and Releasee hereby expressly waives and fully, finally, and forever settles and releases, upon this Agreement becoming final, any known or unknown, suspected or unsuspected, contingent or non-contingent claim with respect to the subject of the provisions of paragraphs 18 or 19 of this Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

Appears in 1 contract

Samples: Settlement Agreement

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Certain Claims Not Affected By General Release. 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; or by any law of any state or territory of the United States or District of ColumbiaStates, or by principle of common law, which is similar, comparable, comparable or equivalent to § Section 1542 of the California Civil Code. Each Releasor and Releasee may hereafter discover facts other than or different from those which he, she or it knows or believes to be true with respect to the claims that which are the subject of the provisions of paragraphs 18 and 19 Paragraph 28 of this Settlement Agreement, but each Releasor and Releasee hereby expressly waives and fully, finally, and forever settles and releases, upon this Settlement Agreement becoming final, any known or unknown, suspected or unsuspected, contingent or non-contingent claim with respect to the subject matter of the provisions of paragraphs 18 or 19 Paragraph 28 of this Settlement Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

Appears in 1 contract

Samples: Settlement Agreement (Usg Corp)

Certain Claims Not Affected By General Release. 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; or by any law of any state or territory of the United States or District of ColumbiaStates, or by principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code. Each Damages Releasor and Releasee may hereafter discover facts other than or different from those which he, she or it knows or believes to be true with respect to the claims that are the subject of the provisions of paragraphs 18 21 and 19 22 of this Agreement, but each Damages Releasor and Releasee hereby expressly waives and fully, finally, and forever settles and releases, upon this Agreement becoming final, any known or unknown, suspected or unsuspected, contingent or non-contingent claim with respect to the subject of the provisions of paragraphs 18 21 or 19 22 of this Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

Appears in 1 contract

Samples: Settlement Agreement

Certain Claims Not Affected By General Release. 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; or by any law of any state or territory of the United States or District of ColumbiaStates, or by principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code. Each Injunction Releasor and Releasee may hereafter discover facts other than or different from those which he, she or it knows or believes to be true with respect to the claims that are the subject of the provisions of paragraphs 18 25 and 19 26 of this Agreement, but each Injunction Releasor and Releasee hereby expressly waives and fully, finally, and forever settles and releases, upon this Agreement becoming final, any known or unknown, suspected or unsuspected, contingent or non-contingent claim with respect to the subject of the provisions of paragraphs 18 or 19 25 and 26 of this Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts, except for their right to seek damages against Xxxxx.

Appears in 1 contract

Samples: Settlement Agreement

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Certain Claims Not Affected By General Release. 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; or by any law of any state or territory of the United States or District of ColumbiaStates, or by principle of common law, which is similar, comparable, comparable or equivalent to § Section 1542 of the California Civil Code. Each Releasor and Releasee may hereafter discover facts other than or different from those which he, she or it knows or believes to be true with respect to the claims that which are the subject of the provisions of paragraphs 18 and 19 Paragraph 29 of this Settlement Agreement, but each Releasor and Releasee hereby expressly waives and fully, finally, and forever settles and releases, upon this Settlement Agreement becoming final, any known or unknown, suspected or unsuspected, contingent or non-contingent claim with respect to the subject matter of the provisions of paragraphs 18 or 19 Paragraph 29 of this Settlement Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

Appears in 1 contract

Samples: Settlement Agreement (Usg Corp)

Certain Claims Not Affected By General Release. 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; or by any law of any state or territory of the United States or District of ColumbiaStates, or by principle of common law, which is similar, comparable, comparable or equivalent to § Section 1542 of the California Civil Code. Each Releasor and Releasee may hereafter discover facts other than or different from those which he, she or it the Releasor knows or believes to be true with respect to the claims that which are the subject of the provisions of paragraphs 18 and 19 Paragraph 26 of this Settlement Agreement, but each Releasor and Releasee hereby expressly waives and fully, finally, and forever settles and releases, upon this Settlement Agreement becoming final, any known or unknown, suspected or unsuspected, contingent or non-contingent claim with respect to the subject matter of the provisions of paragraphs 18 or 19 Paragraph 26 of this Settlement Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

Appears in 1 contract

Samples: Settlement Agreement (Eagle Materials Inc)

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