Known or Unknown Claims. The Damages Releasing Parties and the Injunctive Releasing Parties shall collectively be referred to as the “Releasing Parties.” The Releasing Parties understand and expressly agree that this AGREEMENT extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct of the Kmart Parties, whether known by the Releasing Parties or whether or not any Releasing Party believes he may have any claims, and that any and all rights granted to the Releasing Party under Section 1542 of the California Civil Code or any analogous state law or federal law or regulations, are hereby expressly WAIVED, if applicable. Said Section 1542 of the California Civil Code reads 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.
Known or Unknown Claims. With respect to the release of claims as provided in Section 9 above, Releasing Parties waive and relinquish any and all rights and benefits afforded by Section 1542 of the California Civil Code, or any other similar statute or rule of any state or jurisdiction, and acknowledge and understand that the facts with respect to the Actions and this Settlement Agreement may, after the date of execution of this Settlement Agreement, be discovered to be other than or different from the facts now known and believed to be true. Releasing Parties knowingly accept and assume the risk of the facts being different, agree that this Settlement Agreement shall be and remain in all aspects effective and not subject to termination or rescission by virtue of any such difference in facts, understand and acknowledge the significance and consequences of such specific waiver of Section 1542 of the California Civil Code (and any other similar statute or rule of any state or jurisdiction), and expressly assume full responsibility for any losses or consequences that may be incurred by making such waiver. Releasing Parties expressly understand that Section 1542 of the California Civil Code reads 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 foregoing release is freely and voluntarily given by Releasing Parties, who, in agreeing to the foregoing release, did not rely on any inducements, promises or representations by the City or its representatives, other than as expressly set forth in this Settlement Agreement.
Known or Unknown Claims. Employee understands and expressly agrees that the provisions of Sections 5 and 6 of this Agreement extend to all Claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, other than Excluded Claims, arising from or attributable to any conduct of OncoCyte, BioTime, any Related Company, and any of their respective officers, directors, employees, agents, fiduciaries, shareholders, insurers, and benefit plans, whether or not Employee knows or believes she may have any Claims. Employee hereby WAIVES any and all rights granted to Employee under Section 1542 of the California Civil Code or any analogous state law or federal law or regulations. Section 1542 of the California Civil Code reads 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.
Known or Unknown Claims. Lester H. Loble, II unxxxxxxxxx xxx xxxxxssly agrees that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct of the Companies and their successors, subsidiaries, and affiliates, and all their employees, owners, shareholders, agents, officers, directors, predecessors, assigns, agents, representatives, and attorneys, whether known by Lester H. Loble, II or xxxxxxx xx xxx Xxxter H. Loble, II bexxxxxx xx xxx xxxx any claims, and that any and all rights granted to Lester H. Loble, II unxxx X.X.X.X. Xxxxxxn 9-13-02 or any analogous state law or federal law or regulations, are hereby expressly WAIVED, if applicable.
Known or Unknown Claims. Xxxxxxxx understands and expressly agrees that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct of the Companies and their successors, subsidiaries, and affiliates, and all their employees, owners, shareholders, agents, officers, directors, predecessors, assigns, agents, representatives, and attorneys, whether known by Xxxxxx X. Xxxxxxxx or whether or not Xxxxxx X. Xxxxxxxx believes he may have any claims, and that any and all rights granted to Xxxxxx X. Xxxxxxxx under N.D.C.C. § 9-13-02 or any analogous state law or federal law or regulations, are hereby expressly WAIVED, if applicable.
Known or Unknown Claims. Gxxxxxxxxx further understands, acknowledges and agrees that the release contained in this Agreement is a general release, and that the claims he is releasing include any and all claims he has or might have against Released Parties, or any of them, that are the result of any act or failure to act that occurred before the effective date of this Agreement, whether or not he presently is aware that he has such a claim. This does not include any claims that arise from acts or events occurring after the date of this Agreement, or any claim to enforce the terms of this Agreement.
Known or Unknown Claims. The parties understand and agree that the release granted under Section 2.1 extends to all Claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected and each Party hereby waives all rights under California Civil Code § 1542, which reads as follows:
Known or Unknown Claims. The Parties understand and expressly agree that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct of the Company and its successors, subsidiaries, and affiliates, and all their employees, owners, shareholders, agents, officers, directors, predecessors, assigns, agents, representatives, and attorneys, whether known by Employee or whether or not Employee believes he may have any claims, and that any and all rights granted to Employee under [law] or any analogous state law or federal law or regulations, are hereby expressly WAIVED, if applicable. Said Section [name] of [law] reads as follows:
Known or Unknown Claims. Executive understands and expressly agrees that the provisions of Sections 4 and 5 of this Agreement extend to all Claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct of the Company and its officers, directors, employees, agents, fiduciaries, shareholders, insurers, and benefit plans, whether or not Executive knows or believes he may have any Claims. Executive hereby WAIVES any and all rights granted to Executive under Section 1542 of the California Civil Code or any analogous state law or federal law or regulations. Section 1542 of the California Civil Code reads 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.
Known or Unknown Claims. The Parties understand and expressly agree that this Agreement extends to all claims of every nature and kind, known or unknown, past, present, or future, arising from or attributable to any conduct of either Party and its respective successors, subsidiaries, and affiliates, and all their employees, agents, officers, directors, predecessors, assigns, agents, representatives, and attorneys, whether known by the other Party, or whether or not the other Party believes it may have any claims, and that any and all rights granted to the other Party under federal law, state law, or regulations, are hereby expressly waived.
