Common use of Release of Unknown Claims Clause in Contracts

Release of Unknown Claims. Employee expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee It is the intention of the Executive and the Company that this Agreement is a General Release which shall be effective as a bar to each and every Claim released hereby. Each of the parties recognizes that it may have a Claim against a released party of which it is totally unaware and unsuspecting which it is giving up by execution of the General Release. It is the intention of the Executive and the Company in executing this Agreement to forego each such Claim. In furtherance of this intention, each of the Executive and the Company expressly waives and relinquishes all any rights and or benefits afforded conferred by any statute (including, but not limited to, the provision of Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states provides as follows, or under any similar applicable law: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT NOW KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” Thus" In connection with such waiver and relinquishment, notwithstanding the provisions parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those which they now know or believe to be true with respect to the subject matter of Section 1542 or this Agreement, but that it is their intention hereby to fully, finally and forever settle and release all released matters. In furtherance of any similar statutesuch intention, the Release given herein shall be and for the purpose of implementing remain in effect as a full and complete release and discharge release, notwithstanding the discovery or existence on any such additional facts. Each of the Executive and the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee such party does not know or suspect to exist in Employee’s their favor at the time of execution of this Agreement Agreement, and that this Agreement contemplates the extinguishment of all any such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee expressly waives and relinquishes all rights and benefits afforded by Without limiting the matters described in paragraph 12, the term “Released Claims” shall also include any statute (includingUnknown Claims. For purposes of this paragraph, but “Unknown Claims” means any Released Claims which Plaintiffs and/or any Settlement Class Member does not limited toknow or suspect to exist in his, Section 1542 of her or its favor at the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance time of the release of unknown claims the Released Parties which, if known by him, her or it, might have affected his, her or its settlement with and the waiver of statutory protection against a release of unknown claims (includingthe Released Parties, but or might have affected his, her or its decision not limited toto object to this settlement. Without admitting that California law is in any way applicable to this agreement, Section 1542). Section 1542 in whole or in part, with respect to any and all claims, the Parties stipulate and agree that, upon the Effective Date, Plaintiffs, and each Settlement Class Member shall be deemed to have, and by operation of the Final Judgment and Order shall have, expressly waived the provisions, rights and benefits of California Civil Code of the State of California states as follows§1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” ThusDEBTOR. Plaintiffs, notwithstanding and each Settlement Class Member shall be deemed to have, and by operation of the provisions of Section 1542 or Final Judgment and Order shall have, expressly waived any and all provisions, rights and benefits conferred by any law of any similar statute, and for the purpose of implementing a full and complete release and discharge state or territory of the Company ReleaseesUnited States, Employee expressly acknowledges that this Agreement or principle of common law, which is intended similar, comparable or equivalent to include in its effectCalifornia Civil Code §1542. The Plaintiffs, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might any Settlement Class member may hereafter discover facts different from, or in addition to, to or different from those Employee which he or she now knows or believes to be true with respect to a Claim or Claims released hereinthe subject matter of the claims being released, but Plaintiffs and Settlement Class members, upon the Effective Date, shall be deemed to have, and they expressly agree to assume by operation of the risk of possible discovery of additional or different factsFinal Judgment and Order shall have, fully, finally, and agree that this Agreement forever settled and released any and all Released 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. Plaintiffs and each Settlement Class member shall be deemed by operation of the Final Judgment and remain effective, in all respects, regardless Order to have acknowledged that the foregoing waiver was separately bargained for and a key element of such additional or different discovered factsthe settlement of which this release is a part.

Release of Unknown Claims. Employee By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each of the Releasing Parties (in its capacity as a Holder of the Notes) expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth in this Section 11.19 the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Releasing Party (in its capacity as a Holder of the Notes) expressly waives and relinquishes any and all rights such Person may have or conferred upon such Person under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth in this Section 11.19 or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Person did not know or suspect to exist in such Person’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties expressly acknowledges that the releases and covenants not to xxx contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. It is the intention of the Releasing Parties that the releases set forth in this Section 11.19 shall be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party, expressly waives any and all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law, which are as follows: By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the State of California and analogous laws of other states), which limits Notes) acknowledges that the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance foregoing waiver of the release provisions of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the California Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Company ReleaseesReleased Parties, Employee by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the Notes) expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect without limitation all of the claims, without limitation, all Claims causes of action and liabilities which are known and all Claims which Employee does the Releasing Parties do not know or suspect to exist in Employee’s their favor at as of the time of execution of Second Supplemental Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromclaims, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, causes of action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee Each of the Releasing Parties hereby expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth under Article XIV the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Holder, by its holding of a Note, and, on behalf of each Company Releasing Party, the Issuers, Guarantors and Affiliated Guarantors, expressly waive and relinquish any and all rights such Releasing Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provide that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth under Article XIV or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Releasing Party did not know or suspect to exist in such Releasing Party’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties hereby expressly acknowledges that the releases and covenants not to sue contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. To the extent that the releases set forth above include releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party that the releases described under Article XIV are to be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party hereto expressly waives any and relinquishes all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law, which are as follows: Each Holder (in its capacity as a holder of the State of California and analogous laws of other statesNotes), which limits and each Company Releasing Party acknowledges that the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance foregoing waiver of the release provisions of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the California Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Released parties, each Holder (in its capacity as a holder of the Notes) and each Company Releasees, Employee Releasing party expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect all of the Claims, without limitation, all Claims Causes of Action and liabilities which are known the Releasing Parties and all Claims which Employee each Holder (in its capacity as a holder of the Notes) does not know or suspect to exist in Employee’s their favor at as of the time of execution of Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, Causes of Action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee Claimants and the Exhibit G Parties intend and agree that the foregoing releases shall be effective as a bar to any and all currently unsuspected, unknown or partially known claims within the scope of their express terms and provisions. Accordingly, the Settling Parties hereby expressly waives waive any and relinquishes all rights and benefits afforded conferred upon them by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding the provisions of Section 1542 or of the California Civil Code and all similar provisions of the laws of any similar statuteother State, and for Territory or other jurisdiction. Section 1542 reads in pertinent part: “A general release does not extend to claims that the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee creditor does not know or suspect to exist in Employee’s his favor at the time of execution executing the release, which if known by him must have materially affected his settlement with the debtor.” Claimants and the Exhibit G Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code and all similar provisions of the laws of any other State, Territory or other jurisdiction was separately bargained for and that they would not enter into this agreement unless it included a broad release of all unknown claims, including specifically any claim of fraud or misrepresentation in the inducement of this Agreement agreement. Claimants and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they Exhibit G Parties expressly agree that all release provisions in this Settlement Agreement shall be given full force and effect in accordance with each and all of their express terms and provisions, including those terms and provisions relating to unknown, unsuspected or future claims, demands and causes of action. Claimants and the Exhibit G Parties each assume for themselves the risk of possible the subsequent discovery or understanding of additional any matter, fact or different factslaw, and agree that if now known or understood, would in any respect have affected his, her or its entering into this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsSettlement Agreement.

Release of Unknown Claims. Employee Each of the Releasing Parties expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the Release the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Releasing Party expressly waives and relinquishes any and all rights such Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the Releases set forth in Sections 9.01 or 9.02 of this Agreement or which may in any way limit the effect or scope of such Releases with respect to Released Claims, which such Party did not know or suspect to exist in such Party’s favor at the time of providing such Releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties expressly acknowledges that the Releases and covenants not to xxx contained in this Agreement are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. To the extent that the Release includes releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of the Parties that the Release shall be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Agreement. In furtherance of this intention, the Parties expressly waive any and all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law, which are as follows: The Parties acknowledge that the foregoing waiver of the State provisions of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the California Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Company ReleaseesParties, Employee and each of them, each Party expressly acknowledges that this Agreement is intended to include in its effecteffect without limitation all of the claims, without limitationcauses of action and liabilities which the Parties, all Claims which are known and all Claims which Employee does each of them, do not know or suspect to exist in Employee’s their favor at the time of execution of this Agreement Agreement, and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromclaims, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, causes of action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee Each of the Releasing Parties hereby expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth under Article XII the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Holder, by its holding of a Note, and, on behalf of each Company Releasing Party, the Issuers and Subsidiary Guarantors, expressly waive and relinquish any and all rights such Releasing Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provide that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth under Article XII or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Releasing Party did not know or suspect to exist in such Releasing Party’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties hereby expressly acknowledges that the releases and covenants not to xxx contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. To the extent that the releases set forth above include releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party that the releases described under Article XII are to be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party hereto expressly waives any and relinquishes all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law, which are as follows: Each Holder (in its capacity as a holder of the State of California Notes) and analogous laws of other states), which limits each Company Releasing Party acknowledges that the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance foregoing waiver of the release provisions of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the California Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Released Parties, each Holder (in its capacity as a holder of the Notes) and each Company Releasees, Employee Releasing Party expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect all of the Claims, without limitation, all Claims Causes of Action and liabilities which are known the Releasing Parties and all Claims which Employee each Holder (in its capacity as a holder of the Notes) does not know or suspect to exist in Employee’s their favor at as of the time of execution of Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, Causes of Action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee (a) The Company Releasors expressly waives and relinquishes all waive the provisions, rights and benefits afforded conferred by any statute (including, but not limited to, Section 1542 law of any state or any territory of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding the provisions of Section 1542 United States or of any similar statuteother nation, or principle of common law relating to claims arising in connection to this Agreement, the Purchase Agreement, the Notes, and for the purpose of implementing a full Warrant and complete release the transactions contemplated thereby and discharge of which the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does Releasors did not know or suspect to exist in Employee’s the Holder Releasees’ favor at the time of execution of executing this Agreement and that this Agreement contemplates Agreement, which, if known by the extinguishment of all such Claims. Employee acknowledges that he/she might Company Releasors, would have materially affected the Company Releasors’ agreement with Holder; and (b) The Company Releasors may hereafter discover facts different from, or in addition to, to or different from those Employee that any of them now knows or believes to be true true, but the Company Releasors fully, finally, and forever settle and release any and all claims arising in connection to this Agreement, the Purchase Agreement, the Notes, and the Warrant and the transactions contemplated thereby, known or unknown, suspected or unsuspected, contingent or non-contingent, that now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future without regard to the subsequent discovery or existence of such different or additional facts other than arising out of the gross negligence, willful and/or malicious misconduct of any Holder Releasee (as determined by a final, non-appealable judgment from a court of competent jurisdiction). If the Company Releasors should subsequently discover that its understanding of the facts or of the law was or is incorrect, the Company Releasors shall not be entitled to relief in connection therewith, including without limitation of the generality of the foregoing, any alleged right or claim to set aside or rescind this Agreement. This Agreement is intended to be, and is, final and binding upon the Company Releasors according to the terms hereof regardless of any claims of mistake of fact or law. (c) In addition, each of the Company and Holders agree and acknowledge that it has had an opportunity to negotiate the terms and provisions of this Agreement, including the foregoing waiver and release agreements, with respect and through their own competent counsel, and that each of the Company and Holders has sufficient leverage and economic bargaining power, and has used such leverage and economic bargaining power, to a Claim or Claims released fairly and fully negotiate this Agreement, including the waiver and release agreements herein, in a manner that is acceptable to such Part(ies). The foregoing waiver and they expressly agree to assume release agreements shall survive the risk termination of possible discovery the Purchase Agreement or any of additional or different factsthe Transaction Documents, and agree that this Agreement shall be and remain effective, in all respects, regardless repayment of such additional or different discovered factsits obligations.

Release of Unknown Claims. Employee expressly waives Subject to the exceptions set forth in Section 1.4 hereof, the Releasors agree and relinquishes acknowledge that the Released Claims, which they are releasing and covenanting not to sue pursuant to this Agreement include any Released Claim which such Party does not know or suspect to exist in its favor at the time of the giving of the foregoing releases and covenants not to sue which, if known by it might affect its decision regarding the releases and covenants not to sue set forth therein. Subject to the exceptions set forth in Section 1.4 hereof, each of the Releasors agree and acknowledge that it might hereafter discover facts or documents in addition to or different from those which it now knows or believes to be true or exist with respect to the subject matter of any of the Released Claims, and the Releasees shall not have any duty to disclose or provide any such facts or documents (whether material or immaterial, known or unknown, suspected or unsuspected) to any Releasor, and each of the Releasors shall be deemed to have fully, finally and forever settled and released any and all Released Claims. In connection with their agreement to the foregoing release, the Parties knowingly and voluntarily waive and relinquish any and all provisions, rights and benefits afforded conferred by any statute (including, but not limited to, Section 1542 law of the United States or any state or territory of the United States, or principle or equivalent to California Civil Code of the State of California and analogous laws of other states)§ 1542, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as followsprovides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each of the Releasing Parties (in its capacity as a Holder of the Notes) expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth in this Section 11.19 the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Releasing Party (in its capacity as a Holder of the Notes) expressly waives and relinquishes any and all rights such Person may have or conferred upon such Person under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth in this Section 11.19 or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Person did not know or suspect to exist in such Person’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties expressly acknowledges that the releases and covenants not to sue contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. It is the intention of the Releasing Parties that the releases set forth in this Section 11.19 shall be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party, expressly waives any and all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law, which are as follows: By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the State of California and analogous laws of other states), which limits Notes) acknowledges that the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance foregoing waiver of the release provisions of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the California Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Company ReleaseesReleased Parties, Employee by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the Notes) expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect without limitation all of the claims, without limitation, all Claims causes of action and liabilities which are known and all Claims which Employee does the Releasing Parties do not know or suspect to exist in Employee’s their favor at as of the time of execution of Second Supplemental Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromclaims, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, causes of action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee expressly waives The Parties understand and relinquishes all rights agree that the releases described herein shall extend to claims that the Releasing Parties do not know or suspect to exist at the time of the release, which if known, might have affected the Releasing Parties’ decisions to enter into the releases. The Releasing Parties shall be deemed to relinquish, to the extent applicable and to the full extent permitted by law, the provisions, rights, and benefits afforded by any statute (including, but not limited to, of Section 1542 of the California Civil Code of the State of California and analogous laws of other states)Code, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as followsthat: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus. The Releasing Parties shall be deemed to waive any and all provisions, notwithstanding rights and benefits conferred by any law of any state or territory of the provisions United States, or principle of common law, that is similar, comparable, or equivalent to Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges California Civil Code. The Releasing Parties acknowledge that this Agreement is intended they may discover facts in addition to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not or different from those that they now know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes believe to be true with respect to a Claim or Claims released hereinthe subject matter of this Agreement, but that it is their intention to fully, finally, and they expressly agree forever settle and release any and all claims released in Paragraphs 13-14, whether known or unknown, suspected or unsuspected, which now exist or heretofore existed or may hereafter exist and without regard to assume the risk of possible subsequent discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless existence of such additional or different discovered facts. Each Party acknowledges that the foregoing waiver was separately bargained for, is an integral element of this Agreement, and was relied upon by the other Parties in entering into this Agreement.

Release of Unknown Claims. Employee Xxxxx and Safeway expressly waives and relinquishes all rights and benefits afforded by waive any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 or of any similar statutethe California Civil Code, which section provides: Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees and Xxxxx Releasees, Employee Releasor and Safeway expressly acknowledges acknowledge that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known Releasor and all Claims which Employee Safeway does not know or suspect to exist in Employee’s her/its favor at the time of execution of this Agreement against any Releasee(s) and Xxxxx Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee The Parties expressly waives waive and relinquishes relinquish all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does The Parties do so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, including but not limited to, to Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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 RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” . Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee the Parties expressly acknowledges acknowledge that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does the Parties do not know or suspect to exist in EmployeeBilicic’s or the Company’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges The Parties acknowledge that he/she they might hereafter discover facts different from, or in addition to, those Employee they now knows know or believes believe to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee Xxxxxx expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 or of any similar statutethe California Civil Code, which section provides: Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee Releasor expressly acknowledges that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known and all Claims which Employee Releasor does not know or suspect to exist in Employee’s his favor at the time of execution of this Agreement against any Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of his right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging his duties. However, Releasor acknowledges that he has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. The Company and Employee expressly waives waive and relinquishes all of their rights and benefits afforded by any statute (including, but not limited to, under the provisions of California Civil Code Section 1542 of the Civil Code of the State of California and analogous laws of any other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of state statutes that otherwise prohibit the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542)claims. California Civil Code Section 1542 of the Civil Code of the State of California states provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding . The Company and Employee have had the provisions opportunity to have the consequences of the above Section 1542 or waiver explained to them by counsel of any similar statutetheir choosing. Being aware of said code section, and for the purpose of implementing a full and complete release and discharge of the Company Releaseesand Employee agree to expressly waive any rights they may have thereunder, Employee expressly acknowledges that this Agreement is intended to include in its as well as under any other statute or common law principles of similar effect, without limitation, all Claims which are known . The Company and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter they may in the future discover facts different from, or in addition to, those Employee which they now knows know or believes to be true with respect to a Claim or regarding the Employee and The Company Released Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that the releases contained in this Agreement shall be and will remain effective, effective in all respects, regardless respects notwithstanding the discovery of such additional or different discovered facts.

Release of Unknown Claims. Employee Xxxxx and Safeway expressly waives and relinquishes all rights and benefits afforded by waive any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 or of any similar statutethe California Civil Code, which section provides: Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees and Xxxxx Releasees, Employee Releasor and Safeway expressly acknowledges acknowledge that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known Releasor and all Claims which Employee Safeway does not know or suspect to exist in Employee’s her/its favor at the time of execution of this Agreement against any Releasee(s) and Xxxxx Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior or after to the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee Each Party acknowledges and agrees that: a. It may have sustained Losses that are presently unknown and unsuspected, and that such Losses might give rise to Losses in the future. Nevertheless, each Party acknowledges and agrees that this Agreement has been negotiated and agreed upon, notwithstanding the existence of such possible Losses and that such unknown Losses are released under Section 2. b. This Agreement may be pleaded as a full and complete defense to, and used as a basis for injunction against, any proceeding that may be instituted, prosecuted or attempted in breach hereof. c. In connection with this Agreement, the Parties and all of their Affiliates and each of their respective predecessors, successors, assigns, agents, officers, directors, shareholders, employees and representatives expressly waives waive and relinquishes relinquish all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the California Civil Code of the State of California and analogous laws of other states)Code, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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 THATRELEASE, WHICH IF KNOWN BY TO HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” ThusDEBTOR. Further, notwithstanding the provisions Parties and all of their Affiliates and each of their respective predecessors, successors, assigns, agents, officers, directors, shareholders, employees and representatives expressly waive and relinquish all rights and benefits afforded by any law in any other jurisdiction similar to Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsCalifornia Civil Code.

Release of Unknown Claims. Employee Xxxxxx and Safeway expressly waives and relinquishes all rights and benefits afforded by waive any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 or of any similar statutethe California Civil Code, which section provides: Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees and Xxxxxx Releasees, Employee Releasor and Safeway expressly acknowledges acknowledge that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known Releasor and all Claims which Employee Safeway does not know or suspect to exist in Employee’s his/its favor at the time of execution of this Agreement against any Releasee(s) and Xxxxxx Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of his right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging his duties. However, Releasor acknowledges that he has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee Each of the Releasing Parties hereby expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth under Article XII the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Holder, by its holding of a Note, and, on behalf of each Company Releasing Party, the Issuers and Subsidiary Guarantors, expressly waive and relinquish any and all rights such Releasing Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provide that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth under Article XII or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Releasing Party did not know or suspect to exist in such Releasing Party’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties hereby expressly acknowledges that the releases and covenants not to xxx contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. To the extent that the releases set forth above include releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party that the releases described under Article XII are to be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party hereto expressly waives any and relinquishes all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law, which are as follows: Each Holder (in its capacity as a holder of the State of California and analogous laws of other statesNotes), which limits and each Company Releasing Party acknowledges that the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance foregoing waiver of the release provisions of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the California Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Released Parties, each Holder (in its capacity as a holder of the Notes) and each Company Releasees, Employee Releasing Party expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect all of the Claims, without limitation, all Claims Causes of Action and liabilities which are known the Releasing Parties and all Claims which Employee each Holder (in its capacity as a holder of the Notes) does not know or suspect to exist in Employee’s their favor at as of the time of execution of Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, Causes of Action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee Xxxxx expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 or of any similar statutethe California Civil Code, which section provides: Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee Releasor expressly acknowledges that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known and all Claims which Employee Releasor does not know or suspect to exist in Employee’s her favor at the time of execution of this Agreement against any Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior or after to the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee Xxxxx expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 or of any similar statutethe California Civil Code, which section provides: Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee Releasor expressly acknowledges that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known and all Claims which Employee Releasor does not know or suspect to exist in Employee’s her favor at the time of execution of this Agreement against any Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.