Common use of Effectiveness of Releases; Waiver of Unknown Claims Clause in Contracts

Effectiveness of Releases; Waiver of Unknown Claims. The Mirant Parties and the Settling Participants acknowledge and agree that, except as expressly reserved in Section 9.11, it is their intention that the releases granted pursuant to this Article IX and pursuant to Section 8.2 and Section 11.2 shall be effective as a bar to all causes of action and demands for monetary relief, including costs, expenses, attorneys’ fees, damages, losses and liabilities of every kind, known or unknown, suspected or unsuspected, specified in this Article IX and in Section 8.2 and Section 11.2. In furtherance of this intention, the Mirant Parties, on the one hand, and the Settling Participants, on the other hand, with respect to the specific matters released herein, each knowingly, voluntarily, intentionally and expressly waive, as against each other, any and all rights and benefits conferred by California Civil Code Section 1542 and any law of any state or territory of the United States or principle of common law that is similar to Section 1542. Section 1542 provides: 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. In connection with such waiver and relinquishment, the Mirant Parties and the Settling Participants each acknowledge that they are aware that they may hereafter discover facts in addition to or different from those which they know or believe to be true and with respect to the subject matter of this Agreement, but that it is their intention hereby, except as expressly reserved in Section 9.11, to fully, finally and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, that are set forth in this Article IX and in Section 8.2 and Section 11.2. This Agreement is intended to include in its effect, without limitation, other than the limitations set forth in Section 9.11, all claims encompassed within the settlement and releases set forth in this Article IX and in Section 8.2 and Section 11.2, including those which the Mirant Parties and the Settling Participants may not know or suspect to exist at the time of execution of this Agreement, and this Agreement contemplates the extinguishment of all such claims, except as expressly reserved in Section 9.11. The releases set forth in this Article IX and in Section 8.2 and Section 11.2 shall be, and remain in effect as, full and complete releases, notwithstanding the discovery or existence of any such additional or different facts relating to the subject matter of this Agreement. Notwithstanding the waiver of California Civil Code Section 1542, the Mirant Parties and the Settling Participants acknowledge and agree that the releases provided for in this Agreement are specific to the matters set forth in this Article IX and in Section 8.2 and Section 11.2 and are not intended to create general releases as to all claims, or potential claims, between the Settling Participants or any of them and the Mirant Parties. Each Party continues to have its rights and defenses under this Agreement and the Implementing Agreements, none of which are released or impaired.

Effectiveness of Releases; Waiver of Unknown Claims. The Mirant Parties and the Settling Participants acknowledge and agree that, except as expressly reserved in Section 9.117.4, it is their intention that the releases granted pursuant to this Article IX and pursuant to Section 8.2 and Section 11.2 VII shall be effective as a bar to all causes of action and demands for monetary relief, including including, but not limited to, costs, expenses, attorneys’ fees, damages, losses losses, and liabilities of every kind, known or unknown, suspected or unsuspected, hereinabove specified in this Article IX and in Section 8.2 and Section 11.2VII. In furtherance of this intention, the Mirant PartiesSettling Supplier, on the one hand, and the Settling ParticipantsCalifornia Parties, on the other hand, with respect to the specific matters released herein, each knowingly, voluntarily, intentionally intentionally, and expressly waivewaives, as against each other, any and all rights and benefits conferred by California Civil Code Section 1542 and any law of any state or territory of the United States or principle of common law that is similar to Section 1542. Section 1542 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. .” In connection with such waiver and relinquishment, the Mirant Parties and the Settling Participants each acknowledge that they are aware that they may hereafter discover facts in addition to or different from those which that they know or believe to be true and with respect to the subject matter of this Agreement, but that it is their intention hereby, except as expressly reserved in Section 9.117.4, to fully, finally finally, and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, that are set forth in this Article IX and in Section 8.2 and Section 11.2VII. This Agreement is intended to include in its effect, without limitation, other than the limitations set forth in Section 9.117.4, all claims encompassed within the settlement and releases set forth in this Article IX and in Section 8.2 and Section 11.2VII, including those which that the Mirant Parties and the Settling Participants may not know or suspect to exist at the time of execution of this Agreement, and this Agreement contemplates the extinguishment of all such claims, except as expressly reserved in Section 9.117.4. The releases set forth in this Article IX and in Section 8.2 and Section 11.2 VII shall be, and remain in effect as, full and complete releases, notwithstanding the discovery or existence of any such additional or different facts relating to the subject matter of this Agreement. Notwithstanding the waiver of California Civil Code Section 1542, the Mirant Parties and the Settling Participants acknowledge and agree that the releases provided for in this Agreement are specific to the matters set forth in this Article IX and in Section 8.2 and Section 11.2 VII and are not intended to create general releases as to all claims, or potential claims, between the Settling Participants California Parties, or any of them them, and the Mirant Parties. Each Party continues to have its rights and defenses under this Agreement and the Implementing Agreements, none of which are released or impairedSettling Supplier.

Effectiveness of Releases; Waiver of Unknown Claims. The Mirant Parties and the Settling Participants acknowledge and agree that, except as expressly reserved in Section 9.118.16, it is their intention that the releases granted pursuant to this Article IX and pursuant to Section 8.2 and Section 11.2 8 shall be effective as a bar to all causes of action and demands for monetary relief, including costs, expenses, attorneys’ fees, damages, losses and liabilities of every kind, known or unknown, suspected or unsuspected, specified in this Article IX and in Section 8.2 and Section 11.28. In furtherance of this intention, the Mirant Enron Parties, on the one hand, and the Settling ParticipantsClaimants, on the other hand, with respect to the specific matters released herein, each knowingly, voluntarily, intentionally and expressly waive, as against each other, any and all rights and benefits conferred by California Civil Code Section 1542 and any law of the United States and any state or territory of the United States or principle of common law that is similar to Section 1542. Section 1542 provides: 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. In connection with such waiver and relinquishment, the Mirant Enron Parties and the Settling Participants Claimants each acknowledge that they are aware that they may hereafter discover facts in addition to or different from those which they know or believe to be true and with respect to the subject matter of this Agreement, but that it is their intention hereby, except as expressly reserved in Section 9.118.16, to fully, finally and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, that are set forth in this Article IX and in Section 8.2 and Section 11.28. This Agreement is intended to include in its effect, without limitation, other than the limitations set forth in Section 9.118.16, all claims encompassed within the settlement this Agreement and releases set forth in this Article IX and in Section 8.2 and Section 11.28, including those which the Mirant Enron Parties and the Settling Participants Claimants may not know or suspect to exist at the time of execution of this Agreement, and this Agreement contemplates the extinguishment of all such claims, except as expressly reserved in Section 9.118.16. The releases set forth in this Article IX and in Section 8.2 and Section 11.2 8 shall be, and remain in effect as, full and complete releases, notwithstanding the discovery or existence of any such additional or different facts relating to the subject matter of this Agreement. Notwithstanding the waiver of California Civil Code Section 1542, the Mirant Enron Parties and the Settling Participants Claimants acknowledge and agree that the waivers and releases provided for in this Agreement are specific to the claims, whether known or unknown, pertaining to the matters set forth in this Article IX and in Section 8.2 and Section 11.2 8 and are not intended to create general releases as to all claims, or potential claims, between the Settling Participants Claimants or any of them and the Mirant Enron Parties. Each Party continues to have its rights and defenses under this Agreement and the Implementing AgreementsAgreement, none of which are hereby released or impaired.

Effectiveness of Releases; Waiver of Unknown Claims. The Mirant Parties and the Settling Participants acknowledge and agree that, except as expressly reserved in Section 9.116.7, it is their intention that the releases granted pursuant to this Article IX and pursuant to Section 8.2 and Section 11.2 6 shall be effective as a on the Settlement Effective Date to bar to all causes of action action, demands and demands claims for monetary relief, including costs, expenses, attorneys’ fees, damages, losses and liabilities of every kind, known or unknown, suspected or unsuspected, with respect to the APX Related Claims specified in this Article IX and in Section 8.2 and Section 11.26. In furtherance of this intention, the Mirant Parties, on the one hand, and the Settling Participants, on the other hand, Parties with respect to the specific matters released herein, each knowingly, voluntarily, intentionally and expressly waive, as against each other, any and all rights and benefits conferred by California Civil Code Section 1542 and any law of the United States and any state or territory of the United States or principle of common law that is similar to Section 15421542 or otherwise 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. Section 1542 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. In connection with such waiver and relinquishment, the Mirant Parties and the Settling Participants each acknowledge that they are aware that they may hereafter discover facts in addition to or different from those which they know or believe to be true and with respect to the subject matter of this Agreement, but that it is their intention hereby, except as expressly reserved in Section 9.116.7, to fully, finally and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, asserted or unasserted that are set forth in this Article IX and in Section 8.2 and Section 11.2without regard to the subsequent discovery or existence of such additional or different facts. This Agreement is intended to include in its effect, without limitation, other than the limitations set forth in Section 9.11, effect all claims encompassed within the settlement this Agreement and releases set forth in this Article IX and in Section 8.2 and Section 11.26, including those which the Mirant Parties and the Settling Participants may not know or suspect to exist at the time of execution of this Agreement, and this Agreement contemplates the extinguishment of all such claimsclaims arising from the APX Related Claims, except as expressly reserved in Section 9.116.7. The releases set forth in this Article IX and in Section 8.2 and Section 11.2 6 shall be, and remain in effect as, full and complete releases, notwithstanding the discovery or existence of any such additional or different facts relating to the subject matter of this Agreement. Notwithstanding the waiver of California Civil Code Section 1542, the Mirant Parties and the Settling Participants acknowledge and agree that the releases provided for in this Agreement are specific to the matters set forth in this Article IX and in Section 8.2 and Section 11.2 and are not intended to create general releases as to all claims, or potential claims, between the Settling Participants or any of them and the Mirant Parties. Each Party continues to have its rights and defenses under this Agreement and the Implementing Agreements, none of which are released or impaired.