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. 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 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. 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 except as set forth in this Agreement, the releases granted in Sections 3(a) and 3(b) of this Agreement are general releases of all claims that they have or might have against the parties released and further expressly waive and assume the risk of any and all claims for damages and any other relief that exist as of this date 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.
Scope of Releases. (a) The Class Representatives and Subclass Representatives (on behalf of themselves, the Settlement Class Members, and the associated Settlement Class Member Parties) acknowledge that they have been informed of Section 1542 of the Civil Code of the State of California (and similar statutes) by counsel and that they do hereby expressly waive and relinquish all rights and benefits, if any, which they have or may have under said section (and similar statutes) which reads as follows: 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.
(b) The Parties acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code and all similar provisions of the statutory or common law of any other state, territory, or other jurisdiction was separately bargained for and that the Parties would not have entered into the Settlement Agreement unless it included a broad release of unknown Claims arising from, resulting from, in any way relating to or in connection with the matters released herein.
(c) The Settlement Class Member Parties intend to be legally bound by the Releases.
(d) The Releases are not intended to prevent the Defendant or any Monsanto Parties from exercising its rights of contribution, subrogation, or indemnity under any law.
(e) Nothing in the Releases will preclude any action to enforce the terms of the Settlement Agreement.
(f) The Parties represent and warrant that no promise or inducement has been offered or made for the Releases contained in this Article XVII except as set forth in the Settlement Agreement and that the Releases are executed without reliance on any statements or any representations not contained in the Settlement Agreement.
Scope of Releases. 3.3.1. The Releases set forth in this Article 3 hereof are not intended to include the release of any rights or duties arising out of this Settlement Agreement, including the express warranties and covenants contained herein.
3.3.2. 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 within the scope of the express terms and provisions of the Released Plaintiffs’
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.
Scope of Releases. Any release granted pursuant to this Agreement shall, in addition to releasing the party specifically identified as the grantee, also release the grantee’s employees, attorneys, and agents. Any release included herein shall be fully binding and enforceable without regard to whether the subject claim or alleged liability is existing, known, potential, unknown, civil, criminal, regulatory, or contingent, and regardless of whether the damages arising out of or related to the claim or liability are known or unknown to the granting party.
Scope of Releases. Each party further warrants, represents and agrees on behalf of itself and its predecessors or successors that it is, and undertakes that its current and former subsidiaries, affiliates, and each of its and their respective current and former officers, directors, employees, agents, representatives, auditors, consultants, attorneys and assigns are, fully aware of California Civil Code Section 1542, which provides as follows:
