Common use of Civil Code Section 1542 Clause in Contracts

Civil Code Section 1542. Employee represents that Employee is not aware of any claim by Employee other than the claims that are released by this Agreement. Employee acknowledges that Employee has 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 EMPLOYEE’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY EMPLOYEE MUST HAVE MATERIALLY AFFECTED EMPLOYEE’S SETTLEMENT WITH THE DEBTOR. Employee, being aware of said code section, agrees to expressly waive any rights Employee may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 3 contracts

Samples: Separation Agreement, Separation Agreement (SYNAPTICS Inc), Separation Agreement (SYNAPTICS Inc)

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Civil Code Section 1542. Employee represents that Employee is not aware of any claim by Employee other than the claims that are released by this Agreement. Employee acknowledges that Employee has 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN EMPLOYEE’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH AND THAT IF KNOWN BY EMPLOYEE MUST WOULD HAVE MATERIALLY AFFECTED EMPLOYEE’S SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Employee, being aware of said code section, agrees to expressly waive any rights Employee may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 3 contracts

Samples: Separation Agreement (SYNAPTICS Inc), Separation Agreement (SYNAPTICS Inc), Separation Agreement (SYNAPTICS Inc)

Civil Code Section 1542. The Employee represents that the Employee is not aware of any claim by Employee claims against the Company other than the claims that are released by this Agreement. The Employee acknowledges that the Employee has had the opportunity to be 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 EMPLOYEE’S HER OR HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY EMPLOYEE HER OR HIM MUST HAVE MATERIALLY AFFECTED EMPLOYEE’S HER OR HIS SETTLEMENT WITH THE DEBTOR. The Employee, being aware of said code section, agrees to expressly waive any rights the Employee may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Change of Control Severance Agreement

Civil Code Section 1542. Employee represents that Employee he/she is not aware of any claim by Employee him/her other than the claims that are released by this Agreement. Employee acknowledges that Employee he/she has had the opportunity to be been advised by legal counsel (or has been afforded an opportunity to consult with 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 EMPLOYEE’S HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY EMPLOYEE HIM/HER MUST HAVE MATERIALLY AFFECTED EMPLOYEE’S HIS/HER SETTLEMENT WITH THE DEBTOR. Employee, being aware of said code section, agrees to expressly waive any rights Employee he/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 (Solera Holdings, Inc)

Civil Code Section 1542. The Employee represents that Employee he is not aware of any claim by Employee disputes or causes of action he has other than the claims disputes and causes of action that are released by this Agreement. Employee acknowledges that Employee has had the opportunity to be advised by legal counsel and he is familiar with the provisions of California Civil Code Section 1542, or any similar provision contained in the laws of the state in which Employee resides, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN EMPLOYEE’S HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY EMPLOYEE HIM OR HER MUST HAVE MATERIALLY AFFECTED EMPLOYEE’S HIS OR HER SETTLEMENT WITH THE DEBTOR. Employee, being aware of said this code section, nonetheless agrees to expressly waive any rights Employee he may have thereunderunder it, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement (Callidus Software Inc)

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Civil Code Section 1542. Employee represents that Employee is not aware of any claim by Employee other than the claims that are released by this AgreementRelease. Employee acknowledges that Employee has had the opportunity been advised to be advised by 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 THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN EMPLOYEE’S HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY EMPLOYEE HIM OR HER MUST HAVE MATERIALLY AFFECTED EMPLOYEE’S HIS OR HER SETTLEMENT WITH THE DEBTOR. Employee, being aware of said code Code section, agrees to expressly waive any rights Employee may have thereunderunder it, as well as under any other statute or common law principles of similar effect. 2.

Appears in 1 contract

Samples: Separation Agreement

Civil Code Section 1542. Employee represents that Employee is not aware of any claim by Employee other than the claims that are released by this Agreement. Employee acknowledges that Employee has had the opportunity been advised to be advised by 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 THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN EMPLOYEE’S HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY EMPLOYEE HIM OR HER MUST HAVE MATERIALLY AFFECTED EMPLOYEE’S HIS OR HER SETTLEMENT WITH THE DEBTOR. Employee, being aware of said code Code section, agrees to expressly waive any rights Employee may have thereunderunder it, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement

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