Common use of Representations and Waivers Concerning Release Provisions Clause in Contracts

Representations and Waivers Concerning Release Provisions. The Borrowers understand and have been advised by their legal counsel of the provisions of Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Borrowers understand and hereby waive the provisions of California Civil Code Section 1542 and declare that they realize they may have damages they presenty know nothing about and that, as to them, they have been released pursuant to these release provisions. The Borrowers also declare that they understand that the Bank would not agree to enter into this Forbearance Agreement if the release provisions set forth above did not cover damages and their results which may not yet have manifested themselves or may be unknown to or not anticipated at the present time by the Borrowers. The Borrowers represent and warrant that they alone are the owners of the claims hereby compromised and that they have not heretofore assigned or transferred, nor purported to assign or transfer, to any person or entity ("Person") any of the Released Matters. The Borrowers further agree to indemnify and hold harmless the Bank from all liabilities, claims, demands, damages, costs, expenses, and attorneys' fees incurred by the Bank as the result of any Person asserting any such assignment or transfer of any rights or claims. --------------------------- The Borrowers

Representations and Waivers Concerning Release Provisions. The Borrowers understand Borrower understands and have has been advised by their its legal counsel of the provisions of Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Borrowers understand Borrower understands and hereby waive waives the provisions of California Civil Code Section 1542 and declare declares that they realize they it realizes it may have damages they presenty know Borrower presently knows nothing about and that, as to them, they have Bank has been released pursuant to these release provisions. The Borrowers Borrower also declare declares that they understand it understands that the Bank would not agree to enter into this Forbearance Agreement if the release provisions set forth above did not cover damages and their results which may not yet have manifested themselves or may be unknown to or not anticipated at the present time by Borrower. Borrower represents and warrants that Borrower is the Borrowers. The Borrowers represent and warrant that they alone are the owners owner of the claims hereby compromised and that they have Borrower has not heretofore assigned or transferred, nor purported to assign or transfer, to any person or entity ("“Person"”) any of the Released Matters. The Borrowers further agree Borrower agrees to indemnify and hold harmless the Bank from all liabilities, claims, demands, damages, costs, expenses, and attorneys' ’ fees incurred by the Bank as the result of any Person asserting any such assignment or transfer of any rights or claims. --------------------------- The Borrowers.

Representations and Waivers Concerning Release Provisions. The Borrowers understand Borrower understands and have has been advised by their its legal counsel of the provisions of Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Borrowers understand Borrower understands and hereby waive waives the provisions of California Civil Code Section 1542 and declare declares that they realize they it realizes it may have damages they presenty know Borrower presently knows nothing about and that, as to them, they have Bank has been released pursuant to these release provisions. The Borrowers Borrower also declare declares that they understand it understands that the Bank would not agree to enter into this Forbearance Agreement if the release provisions set forth above did not cover damages and their results which may not yet have manifested themselves or may be unknown to or not anticipated at the present time by Borrower. Borrower represents and warrants that Borrower is the Borrowers. The Borrowers represent and warrant that they alone are the owners owner of the claims hereby compromised and that they have Borrower has not heretofore assigned or transferred, nor purported to assign or transfer, to any person or entity ("Person") any of the Released Matters. The Borrowers Borrower further agree agrees to indemnify and hold harmless the Bank from all liabilities, claims, demands, damages, costs, expenses, and attorneys' fees incurred by the Bank as the result of any Person asserting any such assignment or transfer of any rights or claims. --------------------------- The Borrowers.

Representations and Waivers Concerning Release Provisions. The Borrowers understand Borrower understands and have has been advised by their its legal counsel of the provisions of Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Borrowers understand Borrower understands and hereby waive waives the provisions of California Civil Code Section 1542 and declare declares that they realize they it realizes it may have damages they presenty know Borrower presently knows nothing about and that, as to them, they have Bank has been released pursuant to these release provisions. The Borrowers Borrower also declare declares that they understand it understands that the Bank would not agree to enter into this Forbearance Agreement Amendment if the release provisions set forth above did not cover damages and their results which may not yet have manifested themselves or may be unknown to or not anticipated at the present time by Borrower. Borrower represents and warrants that Borrower is the Borrowers. The Borrowers represent and warrant that they alone are the owners owner of the claims hereby compromised and that they have Borrower has not heretofore assigned or transferred, nor purported to assign or transfer, to any person or entity ("“Person"”) any of the Released Matters. The Borrowers Borrower further agree agrees to indemnify and hold harmless the Bank from all liabilities, claims, demands, damages, costs, expenses, and attorneys' ’ fees incurred by the Bank as the result of any Person asserting any such assignment or transfer of any rights or claims. --------------------------- The Borrowers.

Representations and Waivers Concerning Release Provisions. The Borrowers understand Borrower understands and have has been advised by their its legal counsel of the provisions of Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Borrowers understand Borrower understands and hereby waive waives the provisions of California Civil Code Section 1542 and declare declares that they realize they it realizes it may have damages they presenty know Borrower presently knows nothing about and that, as to them, they have Bank has been released pursuant to these release provisions. The Borrowers Borrower also declare declares that they understand it understands that the Bank would not agree to enter into this Forbearance Agreement if the release provisions set forth above did not cover damages and their results which may not yet have manifested themselves or may be unknown to or not anticipated at the present time by Borrower. Borrower represents and warrants that Borrower is the Borrowers. The Borrowers represent and warrant that they alone are the owners owner of the claims hereby compromised and that they have Borrower has not heretofore assigned or transferred, nor purported to assign or transfer, to any person or entity ("Person") any of the Released Matters. The Borrowers Borrower further agree agrees to indemnify and hold harmless the Bank from all liabilities, claims, demands, damages, costs, expenses, and attorneys' fees incurred by the Bank as the result of any Person asserting any such assignment or transfer of any rights or claims. --------------------------- The Borrowers.