Scope of Releases. 3.2.1 The Releases set forth in this Article 3 hereof, and as approved by the Court as described herein, are not intended to include the release of any rights or duties arising directly out of this Settlement Agreement, including the express warranties and covenants contained herein.
3.2.2 The Releases set forth in this Settlement Agreement, and as approved by the Court as described herein, shall be effective as a bar to any and all currently unsuspected, unknown, partially known or known claims related to and within the scope of the express terms and provisions of the Released Claims. Accordingly, Plaintiff (on behalf of the Releasing Parties) hereby expressly waives, and Defendants (on behalf of the Released Parties) hereby expressly waive, any and all rights and benefits respectively conferred upon them by the provisions of Section 1542 of the California Civil Code, or by any similar, comparable, or equivalent law of any state or territory of the United States with regard to Released Claims. Section 1542 reads in pertinent part: The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code and any similar, comparable, or equivalent law of any state or territory of the United States, was separately bargained for and that neither Plaintiff, the Releasing Parties, Defendants, nor the Released Parties would consent to this Settlement Agreement unless it included a broad release of all unknown claims. Each expressly agree that all release provisions in the 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. Plaintiff assumes for himself on his own behalf and on behalf of the Releasing Parties the risk of his, her, or its respective subsequent discovery or understanding of any matter, fact, or law, that, if now known or understood, would in any respect have affected his, her, or its entering into this Settlement Agreement.
Scope of Releases. The releases set forth in paragraphs 5.1 and 5.2 are not intended to include the release of any rights or duties arising out of this Settlement Agreement.
Scope of Releases. Subject only to the preservation of defenses set forth in this Article II and Article IV below, the releases by Polaris and Kana, and their respective Related Companies in this Agreement include an express, informed, knowing and voluntary waiver and relinquishment to the fullest extent permitted by law. In this connection, the Parties acknowledge that they may have sustained damages, losses, costs or expenses which are presently unknown and unsuspected and that such damages, losses, costs or expenses as may have been sustained may give rise to additional damages, losses, costs or expenses in the future. The Parties hereto further acknowledge that they have negotiated this Agreement taking into account presently unsuspected and unknown claims, counterclaims, causes of action, damages, losses, costs and expenses arising from or relating to the Litigation, the Polaris Patents and the relationship between the Parties, and the Parties hereto voluntarily and with full knowledge of its significance, expressly waive and relinquish any and all rights they may have under any state or federal statute, rule or common law principle, in law or equity, relating to limitations on general releases. The Parties voluntarily and with full knowledge of its significance, expressly waive and relinquish any and all rights they may have under any state or federal statute, rule or common law principle, in law or equity, relating to limitations on general releases. Specifically, each party, for itself and its Affiliates, hereby expressly waives any rights it may have under California Civil Code Section 1542 which provides that: “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 relates, which if known by him must have materially affected his settlement with the debtor.”
Scope of Releases. The releases set forth in Sections 5 and 6 extend to all Claims based on conduct that occurred prior to the Effective Date, whether now known or unknown, existing or non-existing, mature or unmatured, asserted or unasserted. The effect of such releases is without territorial limitation and applies in all jurisdictions. Following the Effective Date, none of the parties shall institute or prosecute any action or proceeding based on any Claim released in Sections 5 or 6. Nothing in this Agreement shall be construed as an admission of any liability by either party. Further, nothing in this Agreement shall act as a discharge or release of any claim that may arise with respect to the provisions of this Agreement or shall prevent any party from commencing any action or proceeding to enforce any such provision.
Scope of Releases. The Parties hereby acknowledge and agree that the releases granted in Section 5 are general releases of all claims that they have or might have, and they further expressly waive and assume the risk of any and all claims that exist as of the date of this Agreement, but of which they do not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, which, if known, would materially affect their decision to enter into this Agreement. Provided, however, that Xxxxx does not release World Electric from its obligations set forth in Paragraph 16 of the Lease and Special Stipulation VI of Exhibit E to the Lease, which survive the termination of the Lease.
Scope of Releases. The parties acknowledge and agree that each of the foregoing releases in this Article 4 is intended to be a general release with respect to all matters which have accrued up to the date of this Agreement. Notwithstanding the general nature of such releases, the parties acknowledge and agree that nothing in this Article 4 shall operate to prevent a party from asserting claims or enforcing rights that arise under this Agreement including, without limitation, actions based upon the material inaccuracy of any representation or warranty of a party in this Agreement, actions based upon the material breach by a party of covenants or obligations set forth herein, and actions seeking equitable relief to enforce this Agreement.
Scope of Releases. The releases contemplated by this Agreement extend to claims that the Parties hereto do not know or suspect to exist at the time of the release, which, if known, might have affected their decision to enter into the release. Further, each party hereto shall be deemed to relinquish, to the extent it is applicable, and to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR; The Parties shall be deemed to waive 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 California Civil Code Section 1542 (“Unknown Claims”). The Parties, by their counsel, acknowledge that they may 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 releases herein, but that it is their intention to fully, finally and forever to settle and release the Released Claims, including unknown claims, as that term is defined in this paragraph. The Parties acknowledge that the foregoing waiver was separately bargained for and is a material term of this Agreement.
Scope of Releases a. Subject only to the deliveries and exchanges required at Closing and except for such claims as may arise from any non-performance or breach of this Agreement and as otherwise expressly provided in this Agreement, Xxxxxxxx, for herself and her heirs, successors and assigns, hereby releases, discharges, and acquits First Physicians and RHA and their respective successors, assigns, subsidiaries, parent entities, directors, officers, owners, agents, and employees from and in regard to any and all claims, damages, causes of action, costs, attorneys’ fees or any other form of recovery whatsoever which have existed or which may hereafter arise, with regard to any and all disputes or claims arising from or relating to the 2007 transaction, the 2008 transactions, or both that have been made, or that could have been made on or before November 30, 2011, including, but not limited to, any claim regarding the RHA Note, the Shares, the RHA Guaranty, or the Litigation.
b. Subject only to the deliveries and exchanges required at Closing and except for such claims as may arise from any non-performance or breach of this Agreement and as otherwise expressly provided in this Agreement, Xxxxxxx Xxxxxxxx, for himself, and his heirs, successors and assigns, hereby releases, discharges, and acquits First Physicians and RHA and their respective successors, assigns, subsidiaries, parent entities, directors, officers, owners, agents, and employees from and in regard to any and all claims, damages, causes of action, costs, attorneys’ fees or any other form of recovery whatsoever which have existed or which may hereafter arise, with regard to any and all disputes or claims arising from or relating to the 2007 transaction, the 2008 transactions, or both that have been made, or that could have been made on or before November 30, 2011, including, but not limited to, any claim regarding the RHA Note, the Shares, the RHA Guaranty, or the Litigation.
c. Subject only to the deliveries and exchanges required at Closing and except for such claims as may arise from any non-performance or breach of this Agreement and as otherwise expressly provided in this Agreement, First Physicians and RHA, for themselves and their respective successors, assigns, subsidiaries, parent entities, hereby releases, discharges, and acquits Xxxxxxxx and Xxxxxxx Xxxxxxxx and their respective successors, heirs and assigns from and in regard to any and all claims, damages, causes of action, costs, attorneys’ fees or ...
Scope of Releases. The releases set forth in Sections 4, 5 and 6 of this Agreement shall not apply to breaches of this Agreement by any Party.
Scope of Releases. 7.3.1. Nothing in this Section 7 or elsewhere in this Settlement Agreement is intended to release either (i) any rights or duties arising out of this Settlement Agreement, including the express warranties and covenants in this Settlement Agreement; or (ii) any claims by Defendants for insurance coverage.
7.3.2. The Parties intend and agree that the Releases granted in this Section 7 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, Plaintiff Releasees and Defendant Releasees hereby expressly waive any and all rights and benefits respectively conferred upon them by the provisions of Section 1542 of the California Civil Code and all similar provisions of the statutory or common laws of any other State, Territory, or other jurisdiction. Section 1542 reads in pertinent part: A general release does not extend to claims that 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.
