Mutual Release of Known and Unknown Claims. EHA, on behalf of itself and its agents, attorneys, representatives, successors, and assigns, in its respective individual capacity only and not in its representative capacity, and CM, each provide a general release of the other including the Releasees herein which shall be effective as a full and final accord and satisfaction, as a bar to all claims of any nature, character or kind, known or unknown, suspected or unsuspected, arising out of alleged violations of Proposition 65 with respect to the Products. EHA and CM each acknowledge that they are each familiar with Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Mutual Release of Known and Unknown Claims. EHA, on behalf of itself and its agents, attorneys, representatives, successors, and assigns, in its respective individual capacity only and not in its representative capacity, and Xxxxx International, each provide a general release of the other including the Releasees herein which shall be effective as a full and final accord and satisfaction, as a bar to all claims of any nature, character or kind, known or unknown, suspected or unsuspected, arising out of alleged violations of Proposition 65 with respect to the Products. EHA and Xxxxx International each acknowledge that they are each familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her must have materially affected his or her settlement with the debtor or released party.
Mutual Release of Known and Unknown Claims. Held, on behalf of himself and his agents, attorneys, representatives, successors, and assigns, in his respective individual capacity only and not in his representative capacity, and Coast Cutlery, each provide a general release of the other including the Releasees herein which shall be effective as a full and final accord and satisfaction, as a bar to all Claims of any nature, character or kind, known or unknown, suspected or unsuspected, arising out of alleged violations of Proposition 65 with respect to the Products as set forth in the Notice. Held and Coast Cutlery each acknowledge that they are each familiar with Section 1542 of the California Civil Code, 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.
Mutual Release of Known and Unknown Claims. Xxxxxxx, on his own behalf and on behalf of his past and current agents, representatives, attorneys, successors, and/or assignees, and not in his representative capacity, and Zak, each provide a general release which shall be effective as a full and final accord and satisfaction, as a bar to all Claims of any nature, character or kind, known or unknown, suspected or unsuspected, or arising under Proposition 65 with respect to the Products. Xxxxxxx and Xxx each acknowledge their respective familiarity with Section 1542 of the California Civil Code, which 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. Xxxxxxx, in his individual capacity only and not in his representative capacity, and Zak each expressly waives and relinquishes any and all rights and benefits which they may have under, or which may have been conferred on them by the provisions of Civil Code§ 1542 to the fullest extent that they may each lawfully waive such rights.
Mutual Release of Known and Unknown Claims. It is possible that other claims not known to the Parties including but not limited to those arising out of the facts alleged in the Notices or relating to other products manufactured, imported, distributed and/or sold by or for Mitsuwa and its affiliates through the Effective Date will develop or be discovered. EHA on behalf of itself, its past and current agents, representatives, attorneys, successors and/or assignees only, on one hand, and Mitsuwa and its affiliates on the other hand, acknowledge that this Settlement Agreement is expressly intended to cover and include all such claims against the Releasees for products manufactured imported, distributed and/or sold by or for Mitsuwa and its affiliates up through the Effective Date, including all rights of action therefor. The Parties acknowledge that the claims released in §§ 4.1 and 4.2, above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Mitsuwa and EHA expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by the provisions of Civil Code section 1542, as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent they may lawfully waive such rights or benefits pertaining to the released matters.
Mutual Release of Known and Unknown Claims. The Parties, and their officers, directors and attorneys (past and present) do hereby release and forever discharge one another and each of their respective affiliates, subsidiaries, parent entities, equity holders, employees, officers, directors, partners, attorneys, predecessors, successors, representatives, insurers, assignees, agents, executors, administrators, heirs, devisees, legatees, and all persons acting by, through, or in any way on behalf of one another (the “Released Parties”), of and from any and all claims, debts, defenses, liabilities, costs, attorneys’ fees, actions, suits at law or equity, demands, contracts, expenses, damages, whether general, specific, punitive, exemplary, contractual or extra-contractual, and causes of action of any kind or nature that any of the Parties may now have or claim to have against the Released Parties, including, without limitation, all claims or causes of action that in any way, directly or indirectly, or in any other way arises from or are connected with or that could have been asserted in connection with the Complaint and Xxxxxxxx’x Counterclaims and any claims, causes of action, damages, promises or demands that could have been asserted in the Complaint and Xxxxxxxx’x Counterclaims and the Parties further covenant and agree that this Agreement may be pleaded or asserted by or on behalf of the Released Parties as a defense and complete bar to any action or claim that may be brought against or involving the Released Parties by anyone acting or purporting to act on behalf of any of the Parties with respect to any of the matters within the scope of this Agreement, excepting only the obligations of the Parties under this Agreement. This full and final release shall cover and shall include and does cover and does include any and all known damages or future damages not now known to any of the Parties hereto, but that may later develop or be discovered, including the effects and consequences thereof, and including all causes of action therefor that arise out of the same facts as were alleged or could have been alleged in the Complaint and Xxxxxxxx’x Counterclaims. In addition, and not by way of limitation, to the broad and general release set forth above, Xxxxxxxx specifically acknowledges and agrees that, by executing this Agreement, Xxxxxxxx is releasing any claims against JanOne and GeoTraq for any disability discrimination in violation of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12101)...
Mutual Release of Known and Unknown Claims. Xxxxx and QEP acknowledge that they are familiar with Section 1542 of the California Civil Code, 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. Xxxxx, on his own behalf, and on behalf of his past and current agents, principals, employees, insurers, accountants, entities under his ownership or direction, representatives, attorneys, predecessors, successors, assignees and heirs, and QEP each expressly waive and relinquish any and all rights and benefits that may have existed prior to and including the Effective Date, which they may have under, or which may be conferred by the provisions of Civil Code § 1542 or any other state or federal statute or common law principle of similar effect, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the released matters except as provided in Section 4.2 hereinabove.
Mutual Release of Known and Unknown Claims. Vincour, on behalf of himself and his agents, attorneys, representatives, successors, and assigns, in his respective individual capacity only and not in his representative capacity, and Master Nursery, each provide a general release of the other including the Releasees herein which shall be effective as a full and final accord and satisfaction, as a bar to all Claims of any nature, character or kind, known or unknown, suspected or unsuspected, arising out of alleged violations of Proposition 65 with respect to the Products as set forth in the Notice. Vincour and Master Nursery each acknowledge that they are each familiar with Section 1542 of the California Civil Code, 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.
Mutual Release of Known and Unknown Claims. Vincour, on behalf of himself and his agents, attorneys, representatives, successors, and assigns, in his respective individual capacity only and not in his representative capacity, and Premier Accessory, each provide a general release of the other including the Releasees herein which shall be effective as a full and final accord and satisfaction, as a bar to all Claims of any nature, character or kind, known or unknown, suspected or unsuspected, arising out of alleged violations of Proposition 65 with respect to the Products as set forth in the Notice, cables and coverings for electronic devices and batteries/battery chargers. Vincour and Premier Accessory each acknowledge that they are each familiar with Section 1542 of the California Civil Code, 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.
Mutual Release of Known and Unknown Claims. It is possible that other Claims not known to Xxxxxxx or Wilde Tool arising out of the facts relating to the Claims released and waived in Sections 4.1 or 4.2 will subsequently be developed or be discovered. Xxxxxxx and Xxxxx Tool acknowledge that the Claims in this Settlement Agreement include all known and unknown Claims relating to the Products within the scope of the Claims released and waived in Sections 4.1 and 4.2, and they each waive the provisions of California Civil Code § 1542 as to any unknown Claims relating to the Products within the scope of the Claims released and waived in Sections 4.1 and 4.2 that may have existed prior to and including the Effective Date. California Civil Code § 1542 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.” Xxxxxxx and Wilde Tool acknowledge and understand the significance and consequences of this specific waiver of California Civil Code § 1542. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve the Products.
