Common use of Release Extends to Both Known and Unknown Claims Clause in Contracts

Release Extends to Both Known and Unknown Claims. This release covers both claims that Holder knows about and those that Holder does not know about. Holder understands the significance of Holder’s release of unknown claims and Holder’s waiver of any statutory protection against a release of unknown claims. Holder expressly waives the protection of any such governmental statutes or regulations. More particularly, and without limitation, Holder acknowledges that Holder has read and is familiar with and understands the provisions of 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 TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” HOLDER EXPRESSLY WAIVES ANY RIGHT OR CLAIM OF RIGHT HOLDER MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE OR SIMILAR PROVISION OF LAW OF ANOTHER JURISDICTION.

Appears in 2 contracts

Samples: Waiver, Release and Warrant Modification Agreement (AuraSound, Inc.), Waiver, Release and Warrant Modification Agreement (AuraSound, Inc.)

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Release Extends to Both Known and Unknown Claims. This release covers both claims that Holder Executive knows about and those that Holder any claims Executive does not know about. Holder Executive understands the significance of Holder’s his release of unknown claims and Holder’s his waiver of any statutory protection against a release of unknown claims. Holder Executive expressly waives the protection of any such governmental statutes or regulations. More particularly, and without limitation, Holder Executive acknowledges that Holder he has read and is familiar with and understands the provisions of Section 1542 of the California Code of Civil CodeProcedure, 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 TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” HOLDER EXECUTIVE EXPRESSLY WAIVES ANY RIGHT OR CLAIM OF RIGHT HOLDER EXECUTIVE MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE OR SIMILAR PROVISION OF LAW OF ANOTHER JURISDICTIONPROCEDURE.

Appears in 1 contract

Samples: Separation and Release Agreement (Cyberdefender Corp)

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Release Extends to Both Known and Unknown Claims. This release covers both claims that Holder Employee knows about and those that Holder Employee does not know about. Holder Employee understands the significance of Holder’s this release of unknown claims and Holder’s his waiver of any statutory protection against a release of unknown claims. Holder Employee expressly waives the protection of any such governmental statutes or regulations. More particularly, and without limitation, Holder Employee acknowledges that Holder Employee has read and is familiar with and understands the provisions of 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 TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” HOLDER EMPLOYEE EXPRESSLY WAIVES ANY RIGHT OR CLAIM OF RIGHT HOLDER EMPLOYEE MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE OR SIMILAR PROVISION OF LAW OF ANOTHER JURISDICTIONCODE.

Appears in 1 contract

Samples: Release Agreement (Sysorex Global Holdings Corp.)

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