Common use of Release of Unknown Claims Clause in Contracts

Release of Unknown Claims. Each of the Parties acknowledges that he or it may hereafter discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Claims released herein, but the Parties hereby knowingly and willingly, fully, finally and forever settle and release any and all such Claims as provided in this Agreement, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to this Agreement was a material and separately bargained for element of this Agreement.

Release of Unknown Claims. Each The following releases and provisions will be automatically effective, with respect to the Director’s releases below, at such time as the Director’s releases contained in Section 4 above become effective, and with respect to the Company’s releases below, at such time as the Company’s releases contained in Section 4 above become effective: (a) The Parties stipulate and agree that the Director Releasors and the Company Releasors expressly waive the provisions, rights and benefits conferred by any law of any state, including the State of Minnesota, or any territory of the Parties acknowledges that he United States or it of any other nation, or principle of common law relating to claims which either Party did not know or suspect to exist in the Party’s favor at the time of executing this Agreement, which, if known by the Party, would have materially affected the Party’s settlement with the other Party. (b) The Director Releasors and the Company Releasors may hereafter discover facts in addition to or different from those that they any of them now know knows or believe believes to be true with respect to the subject matter Director Agreement, or the claims or other legal forms of the Claims action released herein, but the Parties hereby knowingly Director Releasors and willingly, the Company Releasors fully, finally finally, and forever settle and release any and all such Claims as provided in this Agreementclaims set forth above, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which whether or not concealed or hidden, that now exist exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges , including, but not limited to, conduct that it has been advised by its attorneys concerningis negligent, and is familiar withreckless, California Civil Code Section 1542 and expressly waives any and all provisionsintentional, rightswith or without malice, and benefits conferred by any law or a breach of any state duty, law or territory of the United Statesrule, or principle of common law, which is similar, comparable, or equivalent without regard to the provisions subsequent discovery or existence of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORsuch different or additional facts. The Parties Director Releasors and the Company Releasors acknowledge that the inclusion of the provisions of this Section 4 to such “unknown claims” in this Agreement was a material and separately bargained for and was a key element of the Agreement, and that each of them assumes the risk of any mistake of fact or law on its own behalf. If any Party should subsequently discover that its understanding of the facts or of the law was or is incorrect, such Party 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 Parties hereto according to the terms hereof regardless of any claims of mistake of fact or law.

Release of Unknown Claims. Each of the Parties acknowledges that he or it may hereafter discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Claims or Employment Claims released herein, but the Parties hereby knowingly and willingly, fully, finally and forever settle and release any and all such Claims and Employment Claims as provided in this Agreement, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to this Agreement was a material and separately bargained for element of this Agreement.

Release of Unknown Claims. Subject to the limitations set forth in Section 9(a) or (b), each of the Company Releasing Parties and the Founder Releasing Parties (each, a “Releasor”) severally and not jointly agrees and acknowledges that the Released Claims which it is releasing and covenanting not to xxx pursuant to the provisions hereof include, without limitation, any Released Claims which such Releasor does not know or suspect to exist in its favor at the time of the giving of the foregoing releases and covenants not to xxx, which, if known by it, might affect its decision regarding the releases and covenants not to xxx set forth herein. Each of the Parties Releasors severally and not jointly agrees and acknowledges that he or it may might hereafter discover facts or documents in addition to or different from those that they which it now know knows or believe believes to be true or exist with respect to the subject matter of any of the Claims released hereinReleased Claims, but no Releasee in any capacity shall 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 Parties hereby knowingly and willingly, Releasors shall be deemed to have fully, finally and forever settle settled and release released any and all such Claims as provided in this AgreementReleased Claims, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to this Agreement was a material and separately bargained for element of this Agreement.

Release of Unknown Claims. Each of the Parties acknowledges that he or it may hereafter discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Claims released herein, but the Parties hereby knowingly and willingly, fully, finally and forever settle and release any and all such Claims as provided in this Agreement, whether known or unknown, suspected or unsuspected, contingent or non-contingentnon‑contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to this Agreement was a material and separately bargained for element of this Agreement.

Release of Unknown Claims. Each Effective upon the execution and delivery of this Agreement and Plaintiffs’ receipt of the Payment, with respect to any and all Released Claims, the Plaintiffs agree that they shall have expressly waived, relinquished and released any and all provisions, rights and benefits conferred by or under California Civil Code § 1542 or any law or principle of common law of the United States or any state or territory of the United States which is similar, comparable, or equivalent to California Civil Code § 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. The Parties acknowledges acknowledge that he or it they may hereafter discover facts in addition to or different from those that they now know known or believe believed to be true with respect to the subject matter Released Claims, but that it is the intention of the Claims released herein, but the Parties hereby knowingly and willinglyto completely, fully, finally finally, and forever settle and release extinguish any and all such Released Claims as provided in this Agreement, whether and any and claims relating the Released Claims known or unknown, suspected suspected, or unsuspected, contingent or non-contingent, which now exist exist, heretofore existed or heretofore may hereafter exist, and without regard to the subsequent discovery of additional or different facts. The Parties shall be deemed to have existed upon any theory acknowledged, that this waiver and the inclusion of law or equity now existing or coming into existence “Unknown Claims” in the future. Each definitions of “Released Direct Claims” and “Released Derivative Claims” was separately bargained for and was a material element of this Agreement and was relied upon by each and all of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to this Agreement was a material and separately bargained for element of in entering into this Agreement.

Release of Unknown Claims. Each of the Parties acknowledges that he or it may hereafter discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Claims or Employment Claims released herein, but the Parties hereby knowingly and willingly, fully, finally and forever settle and release any and all such Claims and Employment Claims as provided in this Agreement, whether known or 5 unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to this Agreement was a material and separately bargained for element of this Agreement.

Release of Unknown Claims. Each (a) Except as expressly set forth in this Section 2.6, each of the Parties agrees and acknowledges, on behalf of itself and its Related Parties, that the Released Claims which it is releasing and covenanting not to xxx on behalf of itself and its Related Parties pursuant to the provisions hereof include any Released Claim which does not yet exist or which such Releasor does not know or suspect to exist in its or its Related Parties’ favor at the time of the giving of the foregoing releases and covenants not to xxx which, if known by it, might affect its decision regarding the releases and covenants not to xxx set forth herein. Except as expressly set forth in this Section 2.6, each of the Parties, on behalf of itself and its Related Parties, agrees and acknowledges that he or it may might hereafter discover facts or documents in addition to or different from those that they which it now know knows or believe believes to be true or exist with respect to the subject matter of any of the Claims released hereinReleased Claims, but no Party or any other Releasee in any capacity shall have any duty to disclose or provide any such facts or documents (whether material or immaterial, known or unknown, suspected or unsuspected, foreseen or unforeseen) to any Releasor, and each of the Parties hereby knowingly and willingly, Releasors shall be deemed to have fully, finally and forever settle settled and release released any and all such Claims as provided in this AgreementReleased Claims, whether known or unknown, concealed, suspected or unsuspected, contingent or non-contingent, assertable directly or derivatively by class representative or individual, which now exist or heretofore have existed upon any theory of law (whether state, federal, local or foreign laws, including securities laws), contract, tort or equity now existing or coming into existence in the future. Each Notwithstanding the foregoing, nothing contained herein is intended to impair or otherwise derogate from any of the Parties acknowledges representations, warranties or covenants expressly set forth in this Agreement or any Definitive Document. (b) To the extent applicable, each Party warrants, represents, and agrees that it has been advised by its attorneys concerning, and is familiar with, fully aware of California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common lawsection 1542, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to this Agreement was a material and separately bargained for element of this Agreement.:

Release of Unknown Claims. Each Subject to the last sentence of this Section 2.7, each of the Parties parties hereto agrees and acknowledges, on behalf of itself and its Affiliates, that the Released Claims which it is releasing and covenanting not to xxx on behalf of itself and its Affiliates pursuant to the provisions hereof include, without limitation, any Released Claim which such party does not know or suspect to exist in its or its Affiliates’ favor at the time of the giving of the foregoing releases and covenants not to xxx which, if known by it, might affect its decision regarding the releases and covenants not to xxx set forth herein. Subject to the last sentence of this Section 2.7, each of the parties hereto, on behalf of itself and its Affiliates, agrees and acknowledges that he or it may might hereafter discover facts or documents in addition to or different from those that they which it now know knows or believe believes to be true or exist with respect to the subject matter of any of the Claims released hereinReleased Claims, but no Releasee in any capacity shall 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 Parties hereby knowingly and willingly, Releasors shall be deemed to have fully, finally and forever settle settled and release released any and all such Claims as provided in this AgreementReleased Claims, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each Notwithstanding the foregoing, nothing contained herein is intended to impair or otherwise derogate from any of the Parties acknowledges that it has been advised by its attorneys concerningrepresentations, and is familiar with, California Civil Code Section 1542 and warranties or covenants expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 to set forth in this Agreement was a material and separately bargained for element of this Agreementor any Transaction Document.

Release of Unknown Claims. Each of As to those claims released hereby, the Parties acknowledges that he or it may hereafter discover facts in addition to or different from those acknowledge and agree that they now know or believe to be true with respect to the subject matter are aware of the Claims released herein, but the Parties hereby knowingly and willingly, fully, finally and forever settle and release any and all such Claims as provided in this Agreement, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law counsel of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." With full awareness and understanding of this provision, the Parties hereby waive all rights which this provision or any comparable provision under any state or federal law may give to them. They intend the general release set forth in this Agreement to apply to claims which they do not presently know to exist at this time, subject to the representations and warranties provided by the Parties herein. Subject to the representations and warranties contained in this Agreement, the Parties understand that the facts with respect to which this Agreement is given may hereafter prove to be different from the facts now known or believed by them, and they hereby accept and assume the risk thereof and agree that this Agreement shall be and shall remain, in all respects, effective and not subject to termination or recission by reason of any such difference in facts. The Parties acknowledge understand and agree that inclusion this Agreement shall bind and inure to the benefit of the provisions of this Section 4 to this Agreement was a material Released Parties and separately bargained for element of this AgreementXxxxxxx, their heirs, successors and assigns.

Release of Unknown Claims. Each of The Company and the Parties acknowledges Depositor each understands that he or it may hereafter later discover Claims or facts that may be different from, or in addition to or different from to, those that they it now know knows or believe believes to be true with respect to exist regarding the subject matter of the Claims released hereinrelease contained in Section 3, but and which, if known at the time of signing this Agreement, may have materially affected this Agreement and such Party’s decision to enter into it and grant the release contained in Section 3. Nevertheless, the Parties hereby knowingly and willingly, intend to fully, finally finally, and forever settle and release any and all such Claims that now exist, may exist, or previously existed, as provided set out in this Agreementthe release contained in Section 3, whether known or unknown, foreseen or unforeseen, or suspected or unsuspected, contingent and the release given herein is and will remain in effect as a complete release, notwithstanding the discovery or non-contingent, which now exist existence of such additional or heretofore have existed upon different facts. The Parties hereby waive any theory right or Claim that might arise as a result of law such different or equity now existing additional Claims or coming into existence in the futurefacts. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code (”Section 1542, including that provision itself, which reads as follows”) 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, WHICH IF KNOWN KNOW BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. .” The Parties acknowledge that inclusion expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the provisions scope of this Section 4 to this Agreement was a material and separately bargained for element of this Agreementgeneral release.

Release of Unknown Claims. Each (a) The Company Releasors expressly waive the provisions, rights and benefits conferred by any law of any state or any territory of the Parties acknowledges that he United States or it of any other nation, or principle of common law relating to claims which the Company Releasors did not know or suspect to exist in the Holder Releasees’ favor at the time of executing this Agreement, which, if known by the Company Releasors, would have materially affected the Company Releasors’ agreement with Holder; and (b) The Company Releasors may hereafter discover facts in addition to or different from those that they any of them now know knows or believe believes to be true with respect to the subject matter of the Claims released hereintrue, but the Parties hereby knowingly and willingly, Company Releasors fully, finally finally, and forever settle and release any and all such Claims as provided in this Agreementclaims, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which that now exist exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each future without regard to the subsequent discovery or existence of such different or additional facts other than arising out of the Parties acknowledges 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),. The Company Releasors acknowledge that the inclusion of such “unknown claims” in this Agreement was separately bargained for and was a key element of the Agreement, and that each of them assumes the risk of any mistake of fact or law on its own behalf. 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 been advised by its attorneys concerning, had an opportunity to negotiate the terms and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of the California Civil Code Section 1542, including that provision itself, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this Section 4 Agreement, including the foregoing waiver and release agreements, with 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 this Agreement was a material fairly and separately bargained for element of 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 release agreements shall survive the termination of the Purchase Agreement or any of the Transaction Documents, and repayment of its obligations.

Release of Unknown Claims. Each As part of this general release of claims, you acknowledge and agree that you have reviewed and hereby expressly waive the provisions of section 1542 of the Parties acknowledges that he or it may hereafter discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Claims released hereinCalifornia Civil Code, but the Parties hereby knowingly and willinglyany similar statute, fullycode, finally and forever settle and release any and all such Claims as provided in this Agreement, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives any and all provisions, rights, and benefits conferred by any law regulation of any state or territory of the United States, or principle of common lawthe United States, which is similar, comparable, or equivalent to the provisions of the California Civil Code fullest extent that you may waive such rights and benefits. Section 1542, including that provision itself, which reads as follows1542 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, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You acknowledge and agree that you are aware that you may hereafter discover claims presently unknown or unsuspected or facts in addition to or different from those which you now know or believe to be true as to the matters released herein. The Parties acknowledge that inclusion Nevertheless, it is your intention, through this release, to fully, finally and forever release all such matters, and all claims related thereto, which do now exist, may exist or heretofore have existed. In entering into this release, you do not rely upon any statement, representation or promise of the provisions of any other party hereto or any other person or entity, except as expressly stated in this Section 4 to this Agreement was a material and separately bargained for element of this Agreementrelease.

Release of Unknown Claims. Each of the The Releasing Parties acknowledges that he or it may hereafter discover facts in addition to or different from those acknowledge that they now know or believe may have claims that are currently unknown and that the release in paragraph 11 is intended to be true with respect to the subject matter of the Claims released herein, but the Parties hereby knowingly and willingly, will fully, finally finally, and forever settle and release discharge all Released Claims, which do not include any and all such Claims as provided in this Agreementclaim for personal injuries or safety-related concerns, whether now asserted or unasserted, known or unknown, suspected or unsuspected, contingent which now exist, or non-contingentheretofore existed or may hereafter exist, which now exist or heretofore if known, might have existed upon any theory of law or equity now existing or coming affected their decision to enter into existence in this Agreement and the futurerelease therein. Each of the Parties acknowledges that it has been advised by its attorneys concerning, and is familiar with, California Civil Code Section 1542 and expressly waives Releasing Party shall be deemed to waive any and all provisions, rights, and benefits conferred by any law of the United States, any state or territory of the United States, or any state or territory of any other country, or principle of common law or equity, which governs or limits a person’s release of unknown claims. In making this waiver, the Releasing Parties understand and acknowledge that they may hereafter discover facts in addition to or different from those that are currently known or believed to be true with respect to the subject matter of the Released Claims, but agree that they have taken that possibility into account in reaching this Settlement Agreement and that, notwithstanding the discovery or existence of any such additional or different facts, as to which the Releasing Parties expressly assume the risk, they fully, finally, and forever settle and release any and all Released Claims, known or unknown, suspected or unsuspected, which now exist, or heretofore existed, or may hereafter exist, and without regard to the subsequent discovery or existence of such additional or different facts. The foregoing waiver includes, without limitation, an express waiver, to the fullest extent not prohibited by law, which is similarby Plaintiff, comparablethe Settlement Class members including those located in California or who are California residents or citizens, or equivalent to the provisions and all Releasing Parties, of the any and all rights under California Civil Code Section 1542, including which provides: In addition, all Releasing Parties also expressly waive any and all provisions, rights, and benefits conferred by any law or principle of common law or equity, that provision itselfare similar, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEcomparable, WHICHor equivalent, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties acknowledge that inclusion of the provisions of this in whole or in part, to California Civil Code Section 4 to this Agreement was a material and separately bargained for element of this Agreement1542.