Common use of Civil Code Section 1542 Clause in Contracts

Civil Code Section 1542. Executive represents that Executive is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 6 contracts

Samples: Employment Agreement (Autodesk Inc), Transition and Separation Agreement (Autodesk Inc), Employment Agreement (Autodesk Inc)

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Civil Code Section 1542. The Executive represents that Executive he is not aware of any claims against the Company other than the claims that are released by this Release Agreement. The Executive acknowledges that Executive he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. The Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 6 contracts

Samples: Severance Arrangement (Cholestech Corporation), Severance Agreement (Cholestech Corporation), Severance Agreement (Cholestech Corporation)

Civil Code Section 1542. Executive represents that Executive he is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 5 contracts

Samples: Management Retention Agreement, Change of Control and Retention Agreement, Management Retention Agreement

Civil Code Section 1542. Executive represents that Executive he is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 4 contracts

Samples: Change of Control and Retention Agreement (Fastly, Inc.), Change of Control and Retention Agreement (Fastly, Inc.), Change of Control and Retention Agreement (Fastly, Inc.)

Civil Code Section 1542. Executive represents that Executive he is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 4 contracts

Samples: Severance Agreement (Aerohive Networks, Inc), Severance Agreement (Aerohive Networks, Inc), Severance Agreement (Aerohive Networks, Inc)

Civil Code Section 1542. Executive represents that Executive he is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunderunder such code section, as well as under any other statute or common law principles of similar effect.

Appears in 3 contracts

Samples: Ceo Employment Agreement, Ceo Employment Agreement (Tintri, Inc.), Ceo Employment Agreement (Tintri, Inc.)

Civil Code Section 1542. The Executive represents that Executive he or she is not aware of any claims against the Company other than the claims that are released by this Release Agreement. The Executive acknowledges that Executive he or she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. The Executive, being aware of said code section, agrees to expressly waive any rights Executive he or she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.)

Civil Code Section 1542. Executive represents that Executive he is not aware of any claims against claim that he has with respect to the Company Released Parties other than the claims that are released by this Release Agreement. Executive acknowledges that Executive has been advised by legal counsel and he is familiar with the provisions of California Civil Code Section 1542, 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. Executive, being aware of said code Code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Separation Agreement, Separation Agreement (Green Dot Corp)

Civil Code Section 1542. Executive represents that Executive is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive may have thereunderunder such code section, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Management Retention Agreement, Management Retention Agreement (Williams Sonoma Inc)

Civil Code Section 1542. The Executive represents that Executive he is not aware of any claims against claim by the Company other than the claims that are released by this Release Agreement. The Executive acknowledges that Executive he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. The Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Severance Agreement (Digital Impact Inc /De/), Transition Agreement (Digital Impact Inc /De/)

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Civil Code Section 1542. Executive represents that Executive he is not aware of any claims against the Company other than the claims that are released by this Release Supplemental Agreement. Executive acknowledges that Executive he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Separation Agreement, Separation Agreement (Salesforce Com Inc)

Civil Code Section 1542. Executive represents that Executive he is not aware of any claims against the Company claim by him other than the claims that are released by this Release Agreement. Executive acknowledges that Executive has been advised by he had the opportunity to seek the advice of legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement (Komag Inc /De/)

Civil Code Section 1542. Executive represents that Executive she is not aware ----------------------- of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Employment Agreement (Hewlett Packard Co)

Civil Code Section 1542. The Executive represents that Executive she is not aware of any claims against the Company other than the claims that are released by this Release Agreement. The Executive acknowledges that Executive she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. The Executive, being aware of said code section, agrees to expressly waive any rights Executive she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Severance Agreement (Cholestech Corporation)

Civil Code Section 1542. Executive represents that Executive is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that Executive has been advised by to consult with legal counsel and is familiar with the provisions of California Civil Code Section 1542, a statute that otherwise prohibits the release of unknown claims, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Executive, being aware of said code section, agrees to expressly waive any rights Executive may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Transition Agreement and Release (Intevac Inc)

Civil Code Section 1542. Executive represents that Executive is not aware of any claims against the Company claim by Executive’s other than the claims that are released by this Release Agreement. Executive acknowledges that Executive has been had the opportunity to be advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, 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. Executive, being aware of said code section, agrees to expressly waive any rights Executive may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement (Patient Safety Technologies, Inc)

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