Common use of Release and Waiver of Unknown Claims Clause in Contracts

Release and Waiver of Unknown Claims. Loyalty Alliance, for itself and as agent for each member of the Loyalty Alliance Group, and PayEase, for itself and as agent for each member of the PayEase Group, do hereby agree, represent, and warrant that the matters released herein are not limited to matters which are known or disclosed, and that they hereby waive any and all rights and benefits which such party now has, or in the future may have, conferred upon such party by virtue of the provisions of Section 1542 of the Civil Code of the State of California 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 SETTLEMENT WITH THE DEBTOR. Loyalty Alliance, for itself and as agent for each member of the Loyalty Alliance Group, and PayEase, for itself and as agent for each member of the PayEase Group, waive any and all provisions, rights and benefits conferred by any law of any state or territory of the United States or any other country or foreign jurisdiction, or principle of common law, which is similar, comparable or equivalent to Civil Code Section 1542. Loyalty Alliance, for itself and as agent for each member of the Loyalty Alliance Group, and PayEase, for itself and as agent for each member of the PayEase Group, may hereafter discover facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of this release, but each shall be deemed to have, finally, and forever settled and released any and all claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts.

Release and Waiver of Unknown Claims. Loyalty AllianceSunPower, for itself and as agent for each member of the Loyalty Alliance SunPower Group, and PayEaseCypress, for itself and as agent for each member of the PayEase Cypress Group, do hereby agree, represent, and warrant that the matters released herein are not limited to matters which are known or disclosed, and that they hereby waive any and all rights and benefits which such party now has, or in the future may have, conferred upon such party by virtue of the provisions of Section 1542 of the Civil Code of the State of California 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 RELEASERELEASED, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Loyalty AllianceSunPower, for itself and as agent for each member of the Loyalty Alliance SunPower Group, and PayEaseCypress, for itself and as agent for each member of the PayEase Cypress Group, waive any and all provisions, rights and benefits conferred by any law of any state or territory of the United States or any other country or foreign jurisdictionStates, or principle of common law, which is similar, comparable or equivalent to Civil Code Section 1542. Loyalty AllianceSunPower, for itself and as agent for each member of the Loyalty Alliance SunPower Group, and PayEaseCypress, for itself and as agent for each member of the PayEase Cypress Group, may hereafter discover facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of this release, but each shall be deemed to have, finally, and forever settled and released any and all claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts.

Release and Waiver of Unknown Claims. Loyalty AllianceSSI, for itself and as agent for each member of the Loyalty Alliance SSI Group, and PayEaseLSI Logic, for itself and as agent for each member of the PayEase LSI Logic Group, do hereby agree, represent, and warrant that the matters released herein are not limited to matters which are known or disclosed, and that they hereby waive any and all rights and benefits which such party now has, or in the future may have, conferred upon such party by virtue of the provisions of Section 1542 of the Civil Code of the State of California 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 RELEASERELEASED, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Loyalty AllianceSSI, for itself and as agent for each member of the Loyalty Alliance SSI Group, and PayEaseLSI Logic, for itself and as agent for each member of the PayEase LSI Logic Group, waive any and all provisions, rights and benefits conferred by any law of any state or territory of the United States or any other country or foreign jurisdictionStates, or principle of common law, which is similar, comparable or equivalent to Civil Code Section 1542. Loyalty AllianceSSI, for itself and as agent for each member of the Loyalty Alliance SSI Group, and PayEaseLSI Logic, for itself and as agent for each member of the PayEase LSI Logic Group, may hereafter discover facts in addition to or different from those which he, she or it now knows or believes to be true with respect to the subject matter of this release, but each shall be deemed to have, finally, and forever settled and released any and all claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts.

Release and Waiver of Unknown Claims. Loyalty Alliance, for itself Plaintiff and as agent for each member of the Loyalty Alliance Group, and PayEase, for itself and as agent for each member of the PayEase Group, do hereby agree, represent, and warrant that the matters released herein are not limited to matters which are known or disclosed, and Settlement Class expressly acknowledge that they hereby waive any and all rights and benefits which are familiar with principles of law such party now has, or in the future may have, conferred upon such party by virtue of the provisions of as Section 1542 of the Civil Code of the State of California California, 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. Loyalty AllianceTo the extent that, for itself notwithstanding the choice of law provisions in the Agreement, California or other law may be applicable, Plaintiff and as agent for each member of the Loyalty Alliance Group, and PayEase, for itself and as agent for each member of Settlement Class hereby expressly agree that the PayEase Group, waive any and all provisions, rights and benefits conferred by any law of Section 1542 and all similar federal or state laws, rights, rules, or legal principles of any state or territory of other jurisdiction that may be applicable herein are hereby knowingly and voluntarily waived and relinquished by the United States or any other country or foreign jurisdiction, or principle of common law, which is similar, comparable or equivalent Plaintiff and the Settlement Class to Civil Code Section 1542. Loyalty Alliance, for itself and as agent for each member of the Loyalty Alliance Groupfullest extent permitted by law solely in connection with unknown claims constituting Released Claims, and PayEasethe Plaintiff and the Settlement Class hereby agree and acknowledge that this is an essential term of this Agreement. In connection with this Agreement, for itself the Plaintiff and as agent for each member of the PayEase Group, Settlement Class acknowledge that they are aware that they may hereafter discover claims presently unknown or not suspected or facts in addition to or different from those which it they now knows know or believes believe to be true with respect to the subject matter matters released herein. Nevertheless, it is the intention of the Plaintiff and the Settlement Class in executing this release, but each shall be deemed Agreement to havefully, finally, and forever settled settle and released any and release all claimsReleased Claims which exist, known hereafter may exist, or unknown, suspected or unsuspected, contingent or non-contingent, might have existed (whether or not concealed previously or hidden, which now exist, or heretofore have existed upon currently asserted in any theory of law or equity now existing or coming into existence in the future, including but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional factsaction).

Release and Waiver of Unknown Claims. Loyalty AlliancePalmSource, for itself and as agent for each member of the Loyalty Alliance PalmSource Group, and PayEasePalm, for itself and as agent for each member of the PayEase Palm Group, do hereby agree, represent, and warrant that the matters released herein are not limited to matters which are known or disclosed, and that they hereby waive any and all rights and benefits which such party now has, or in the future may have, conferred upon such party by virtue of the provisions of Section 1542 of the Civil Code of the State of California 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 RELEASERELEASED, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Loyalty AlliancePalmSource, for itself and as agent for each member of the Loyalty Alliance PalmSource Group, and PayEasePalm, for itself and as agent for each member of the PayEase Palm Group, waive any and all provisions, rights and benefits conferred by any law of any state or territory of the United States or any other country or foreign jurisdictionStates, or principle of common law, which is similar, comparable or equivalent to Civil Code Section 1542. Loyalty AlliancePalmSource, for itself and as agent for each member of the Loyalty Alliance PalmSource Group, and PayEasePalm, for itself and as agent for each member of the PayEase Palm Group, may hereafter discover facts in addition to or different from those which he, she or it now knows or believes to be true with respect to the subject matter of this release, but each shall be deemed to have, finally, and forever settled and released any and all claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts.