Section 1542. To the extent that, notwithstanding the Delaware choice of law provisions in this Agreement, California law is deemed to apply to the release provisions set forth herein, each party hereto hereby expressly agrees that the release contemplated by this Section 3.7 extends to any and all rights granted under Section 1542 of the California Civil Code or any analogous state law or federal law or regulation are hereby expressly waived. Section 1542 of the California Civil Code (“Section 1542”) reads 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.” Each party hereto understands that Section 1542, or a comparable statute, rule, regulation or order of another jurisdiction, gives such party the right not to release existing claims of which such party is not aware, unless such party voluntarily chooses to waive this right. Having been so apprised, each party hereto nevertheless hereby voluntarily elects to and does waive the rights described in Section 1542, or such other comparable statute, rule, regulation or order, and elects to assume all risks for claims that exist, existed or may hereafter exist in its favor, known or unknown, suspected or unsuspected, arising out of or related to claims or other matters purported to be released pursuant to this Section 3.7, in each case, effective upon the date of this Agreement. Each party hereto acknowledges and agrees that the foregoing waiver is an essential and material term of the release by each party and that, without such waiver, the other party hereto would not have agreed to the terms of this Section 3.7. Each party hereto hereby represents to the other party that it understands and acknowledges that it may hereafter discover facts and legal theories concerning such party and the subject matter hereof in addition to or different from those which it now believes to be true. Each party hereto understands and hereby agrees that the release set forth herein shall remain effective in all respects notwithstanding those additional or different facts and legal theories or the discovery of those additional or different facts or legal theories. Each party hereto assumes the risk of any mistake of fact or applicable Law with regard to any potential claim or with regard to...
Section 1542. Employee further acknowledges that he has been advised to consult with legal counsel and is familiar with the provisions of California Civil Code Section 1542, a statute that otherwise prohibits the release of unknown claims, 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. Employee, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.
Section 1542. It is each party’s intention that the execution of this Agreement will forever bar every claim, demand, cause of action, charge and grievance against the other party and its affiliates, existing at any time prior to and through the date of execution of this Agreement. Because of each party’s intention, each party expressly waives any and all rights or benefits which such party may have under the provisions of California Civil Code Section 1542, which 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.” Each party further waives and relinquishes all rights and benefits such party may have under any other statutes or common law principles of similar effect that can be waived.
Section 1542. Employee expressly waives any and all rights that Employee may have under Section 1542 of the Civil Code of the State of California, which states, in part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.” Employee expressly waives and releases any and all right to benefits that Employee may have under California Civil Code § 1542, to the fullest extent Employee may do so lawfully. Employee further acknowledges that Employee may later discover facts different from or in addition to those facts now known to Employee or believed by Employee to be true with respect to any or all of the matters covered by this Agreement, and Employee agrees that this Agreement nevertheless shall remain in full and complete force and effect.
Section 1542. Owner and Operator do not believe that ------------ this Agreement is governed by Section 1542 of the California Civil Code, 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 release, which if known by him must have materially affected his settlement with the debtor. To the extent that Section 1542 may be deemed to govern Section 9 of this Agreement, Owner and Operator each knowingly and voluntarily waives the provisions of Section 1542 and acknowledges and agrees that this waiver is an essential and material term of this Agreement and without the waiver the Agreement would not have been entered into. Each of Owner and Operator have been advised by its legal counsel and understands and acknowledges the significance and consequences of this Agreement and of this specific waiver of Section 1542.
Section 1542. Purchaser acknowledges that in the event that at any time after the execution of this Agreement by the parties any injury, loss or damage is sustained in connection with any matter released in Section 3.1 or any matter set forth elsewhere in this Agreement which is not now known or suspected, or in the event that the loss or damage now known has consequences or results not known or suspected, this Agreement shall nevertheless constitute a full and final release as to the parties and matters herein released, and this release shall apply to and include all such unknown or unsuspected consequences or results. Each of the parties has read and has been carefully advised by their attorneys of the contents of Section 1542 of the California Civil Code 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.” Purchaser hereby expressly, unconditionally and irrevocably waives any and all rights and benefits under Section 1542.
Section 1542. The releases set forth in Sections 1, 3 and 4 above shall be effective as a full and final accord and satisfaction and release of and from all liabilities, disputes, claims and matters covered under such releases, known or unknown, suspected or unsuspected. In furtherance of this intention, each of Executive and Company acknowledges that each has been informed of the provisions of Section 1542 of the California Civil Code, and each of them does hereby expressly waive and relinquish all rights and benefits each of them has or may ever have had under that section, which 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. Having been apprised of Section 1542, each of Executive and Company waives and relinquishes any right or benefit that each of them may have under Section 1542 of the Civil Code of the State of California. In connection with such waiver and relinquishment, each of Executive and Company acknowledges that each of them may hereafter discover claims or facts in addition to or different from those that each of them now knows or believes to exist with respect to Executive or the Company, as applicable, or the subject matter of the releases, but that it is the intention of each of them hereby fully, finally and forever to settle and release all of the matters, disputes and differences, known and unknown, suspected or unsuspected, which now exist, may exist, or heretofore have existed, between each of them, except as otherwise provided in such releases. In furtherance of this intention, the releases herein shall be and remain in effect as a full and complete general releases (except as otherwise provided in such releases) notwithstanding the discovery or existence of any such additional or different claims or facts.
Section 1542. 11 At the end of the long-term temporary employment, these employees shall be considered having 12 fulfilled their service to the District and are not subject to the Layoff and Re-Employment 13 provisions of Article X.
Section 1542. 45 Nothing contained herein shall be construed to prevent the District from discharging an 46 employee for acts of misconduct occurring after expiration of the school year.
Section 1542. All parties to this Agreement agree that the waivers and releases provided for in this Settlement Agreement shall be effective as a full and final release of and from all matters set forth in this Settlement Agreement, and, in furtherance of this intention, each party hereby acknowledges and agrees that it is familiar with and has been advised by legal counsel concerning the legal effect of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him, must have materially affected his settlement to debtor.
