Civil Code § 1542 Sample Clauses
Civil Code § 1542 is a legal provision that limits the scope of general releases by ensuring that claims unknown to the releasing party at the time of signing are not automatically waived. In practice, this means that when parties settle a dispute and sign a release, any claims they are unaware of—such as hidden damages or undiscovered breaches—are not included in the release unless the language of the release specifically references § 1542 and waives its protections. The core function of this clause is to protect parties from unintentionally giving up rights to claims they did not know existed, thereby promoting fairness and preventing inadvertent forfeiture of legal remedies.
Civil Code § 1542. Each party and signatory to this Agreement hereby waives and relinquishes all rights and benefits they have or may have under section 1542 of the Civil Code of the State of California to the full extent that they may lawfully waive all such rights and benefits pertaining to the subject matter of this Mutual
Civil Code § 1542. This Supplemental Agreement is intended to be effective as a general release of and bar to all claims as stated above. Accordingly, ▇▇▇ and NTN Buzztime hereby expressly waive any rights and benefits conferred by Section 1542 of the California Civil Code, which provides:
Civil Code § 1542. Each Releasor expressly waives the benefits of any statutory provision or common law rule that provides, in sum or substance, that a release does not extend to claims which the party does not know or suspect to exist in its favor at the time of executing the release, which if known by it, would have materially affected its settlement with the other party. In particular but without limitation, each Releasor (a) represents, warrants and acknowledges that such Releasor has been fully advised by its attorney of the contents of Section 1542 of the Civil Code of the State of California, and (b) hereby expressly waives the benefits thereof and any rights such Releasoror any of such Releasor’s Associated Parties may have thereunder. Section 1542 of the Civil Code of the State of California provides as follows: Each Releasor also hereby waives the benefits of, and any rights such Releasor or any of such Releasor’s Associated Parties may have under, any statute or common law principle of similar effect in any jurisdiction.
Civil Code § 1542. It is the intention of Settling Parties that this Agreement shall constitute a full and final accord and satisfaction, and a bar to entry of judgment in the Actions, and, a bar to any and all other actions, causes of action, obligations, costs, expenses, attorneys' fees, damages, losses, claims, liabilities and demands of whatever nature, character or kind known or unknown, suspected or unsuspected, between Settling Plaintiffs and Settling Defendants, arising out of, directly or indirectly, or in connection with the Actions. The Parties acknowledge that they are familiar with and understand and expressly waive Section 1542 of the Civil Code of the State of California, which provides as follows: 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 Nothing in this Civil Code waiver will prevent Settling Plaintiffs from asserting their rights to rescind and reinstitute an action pursuant to paragraphs 2(a), 6(b) and 12.
Civil Code § 1542. Each of Parent and its Affiliates (each, a “Releasor”) (a) represents, warrants and acknowledges that such Releasor has been fully advised by its attorney of the contents of Section 1542 of the Civil Code of the State of California, and (b) hereby expressly waives the benefits thereof and any rights such Releasor may have thereunder. Section 1542 of the Civil Code of the State of California provides as follows: “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.” Each Releasor also hereby waives the benefits of, and any rights such Releasor may have under, any statute or common law principle of similar effect in any jurisdiction.
Civil Code § 1542. Each of the parties to this Release (a) represents, warrants and acknowledges that it has been fully advised by its attorney of the contents of Section 1542 of the Civil Code of the State of California, and (b) hereby expressly waives the benefits thereof and any rights it may have thereunder. Section 1542 of the Civil Code of the State of California provides as follows: “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.” Each of the parties to this Release also hereby waives the benefits of, and any rights it may have under, any statute or common law principle of similar effect in any jurisdiction.
Civil Code § 1542. With respect to the released claims, both Rambus and Siemens separately and expressly waive and relinquish, to the fullest extent permitted by law, any and all provisions, rights and benefits conferred by (a) § 1542 of the California Civil Code, which provides:
Civil Code § 1542. Shareholder (a) represents, warrants and acknowledges that he or it has been fully advised by his or its attorney of the contents of Section 1542 of the Civil Code of the State of California, and (b) hereby expressly waives the benefits thereof and any rights Shareholder may have thereunder. Section 1542 of the Civil Code of the State of California provides as follows: "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." Shareholder also hereby waives the benefits of, and any rights Shareholder may have under, any statute or common law principle of similar effect in any jurisdiction.
Civil Code § 1542. Each party to this Release understands, agrees and stipulates that all rights and benefits of Section 1542 of the Civil Code of California are expressly and voluntarily waived. Section 1542 states: "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."
Civil Code § 1542. The undersigned acknowledges and agrees that by reason of the release contained above, the undersigned is assuming all risk of bodily injury, death or property damage, and all other unknown and unanticipated Claims and agrees that the undersigned's release of Released Parties applies thereto. The undersigned expressly waives whatever benefits the undersigned may have under Section 1542 of the California Civil Code (or similar applicable law from another state), which reads as follows: