Section 1542 Release. It is understood and agreed by the Parties hereto that all rights under Section 1542 of the Civil Code of California, 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,” are hereby expressly waived. The Parties acknowledge, agree and understand the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party should eventually suffer additional damages arising out of the subject matter hereof, it will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties do not know exist, and which, if known, would materially affect the Parties’ decision to execute this Agreement, regardless of whether the Parties’ lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 2 contracts
Samples: Stock Grant and General Release Agreement (MATECH Corp.), Stock Grant and General Release Agreement (Material Technologies Inc /Ca/)
Section 1542 Release. It is understood and agreed by the all Parties hereto that all rights under Section 1542 of the Civil Code of California, which provides as follows: “A AA 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,” debtor,@ are hereby expressly waived. The Both Parties acknowledge, agree and understand the consequences of a waiver of Section 1542 of the California Civil Code and assumes assume full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party understands Both Parties understand and acknowledges acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party should eventually suffer additional damages arising out of the subject matter hereof, it will not be permitted to make any claim for those damages. Furthermore, all both Parties acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties they do not know existexists, and which, if known, would materially affect the Parties’ that Party's decision to execute this Agreement, regardless of whether the Parties’ that Party's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Rescission and Settlement Agreement (Vdo Com Inc /Fl)
Section 1542 Release. It is understood and agreed by the Parties hereto Xxxxxxxxx that all rights under Section 1542 of the Civil Code of California, 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 his must have materially affected his settlement with the debtor,” are hereby expressly waived. The Parties acknowledgeXxxxxxxxx acknowledges, agree agrees and understand understands the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party Xxxxxxxxx understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party he should eventually suffer additional damages arising out of the subject matter hereof, it he will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge he acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties do he does not know exist, and which, if known, would materially affect the Parties’ his decision to execute this Agreement, regardless of whether the Parties’ his lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Assignment, Assumption and Release Agreement (SearchCore, Inc.)
Section 1542 Release. It is understood and agreed by the Parties hereto Hun, IRI and ----------------------- Century, and each of them, that all rights under Section 1542 of the Civil Code of California, 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,” ." are hereby expressly waived. The Parties acknowledgeEach of Hun, agree IRI and understand Century acknowledges and agrees that each understands the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party Each of Hun, IRI and Century understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party such party should eventually suffer additional damages arising out of the subject matter hereofDispute, it he will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge each of Hun, IRI and Century acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties they do not know existexists, and which, if known, would materially affect the Parties’ their decision to execute this Agreement, regardless of whether the Parties’ their lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Settlement Agreement and General Mutual Release (Industrial Rubber Innovations Inc)
Section 1542 Release. It is understood and agreed by the both Parties hereto that all rights under an applicable provision similar to Section 1542 of the Civil Code of California, 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,” are hereby expressly waived. The Parties acknowledge, agree and understand the consequences of a waiver of Section 1542 of the California Civil Code Code, or a like applicable provision, and assumes assume full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party understands The Parties understand and acknowledges acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code Code, or a like applicable provision, is that even if a Party should eventually suffer additional damages arising out of from the subject matter hereofCrown Agreements, it will not be permitted to make any claim for those damages. Furthermore, all the Parties acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of the signing of this Agreement but which the Parties do not know exist, and which, if known, would materially affect the Parties’ Party’s decision to execute this Agreement, regardless of whether the Parties’ Party’s lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. The Parties acknowledge and agree that the releases do not apply to any claims either Party may have against the other regarding the Settlement or this Agreement.
Appears in 1 contract
Samples: Settlement Agreement and General Mutual Release (Blow & Drive Interlock Corp)
Section 1542 Release. It is understood and agreed by the both Parties hereto that all rights under an applicable provision similar to Section 1542 of the Civil Code of California, 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,” are hereby expressly waived. The Parties acknowledge, agree and understand the consequences of a waiver of Section 1542 of the California Civil Code Code, or a like applicable provision, and assumes assume full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party understands The Parties understand and acknowledges acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code Code, or a like applicable provision, is that even if a Party should eventually suffer additional damages arising out of from the subject matter hereofAuctus Agreements, it will not be permitted to make any claim for those damages. Furthermore, all the Parties acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of the signing of this Agreement but which the Parties do not know exist, and which, if known, would materially affect the Parties’ Party’s decision to execute this Agreement, regardless of whether the Parties’ Party’s lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. The Parties acknowledge and agree that the releases do not apply to any claims either Party may have against the other regarding the Settlement or this Agreement.
Appears in 1 contract
Samples: Settlement Agreement and General Mutual Release (Blow & Drive Interlock Corp)
Section 1542 Release. It is understood and agreed by the Parties ----------------------- hereto that all rights under Section 1542 of the Civil Code of California, 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,” " are hereby expressly waived. The Parties acknowledge, agree and understand the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party should eventually suffer additional damages arising out of the subject matter hereof, it will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties do not know exist, and which, if known, would materially affect the Parties’ ' decision to execute this Agreement, regardless of whether the Parties’ ' lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Settlement Agreement and General Release (Anza Capital Inc)
Section 1542 Release. It is understood and agreed by the all Parties hereto ----------------------- that all rights under Section 1542 of the Civil Code of California, 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,” ." are hereby expressly waived. The Parties acknowledge, agree Each Party acknowledges and understand agrees such Party understands the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Each Party understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a such Party should eventually suffer additional damages arising out of the subject matter hereofof the action, it will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge each Party acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement Release but which the Parties do a Party does not know existexists, and which, if known, would materially affect the Parties’ each Party's decision to execute this AgreementRelease, regardless of whether the Parties’ each Party's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Reorganization and Stock Purchase Agreement (Go Online Networks Corp)
Section 1542 Release. It is understood and agreed by the both Parties hereto that all rights under an applicable provision similar to Section 1542 of the Civil Code of California, 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,” are hereby expressly waived. The Parties acknowledge, agree and understand the consequences of a waiver of Section 1542 of the California Civil Code Code, or a like applicable provision, and assumes assume full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party understands The Parties understand and acknowledges acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code Code, or a like applicable provision, is that even if a Party should eventually suffer additional damages arising out of from the subject matter hereofEMA Agreements, it will not be permitted to make any claim for those damages. Furthermore, all the Parties acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of the signing of this Agreement but which the Parties do not know exist, and which, if known, would materially affect the Parties’ Party’s decision to execute this Agreement, regardless of whether the Parties’ Party’s lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. The Parties acknowledge and agree that the releases do not apply to any claims either Party may have against the other regarding the Settlement or this Agreement.
Appears in 1 contract
Samples: Settlement Agreement and General Mutual Release (Blow & Drive Interlock Corp)
Section 1542 Release. It is understood and agreed by the all Parties hereto that all rights under Section 1542 of the Civil Code of California, 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,” ." are hereby expressly waived. The Parties acknowledge, agree Each Party acknowledges and understand agrees such Party understands the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Each Party understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a such Party should eventually suffer additional damages arising out of the subject matter hereofof the Dispute, it will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge each Party acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties do a Party does not know existexists, and which, if known, would materially affect the Parties’ each Party's decision to execute this Agreement, regardless of whether the Parties’ each Party's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. The parties hereto hereby agree to the foregoing and execute this Agreement as of the date first above written.
Appears in 1 contract
Samples: Agreement for Purchase and Sale (Go Online Networks Corp)
Section 1542 Release. It is understood and agreed by the Parties hereto Xxxxxxxx that all rights under Section 1542 of the Civil Code of California, 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 his must have materially affected his settlement with the debtor,” are hereby expressly waived. The Parties acknowledgeXxxxxxxx acknowledges, agree agrees and understand understands the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party Xxxxxxxx understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party he should eventually suffer additional damages arising out of the subject matter hereof, it he will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge he acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties do he does not know exist, and which, if known, would materially affect the Parties’ his decision to execute this Agreement, regardless of whether the Parties’ his lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Assignment, Assumption and Release Agreement (SearchCore, Inc.)
Section 1542 Release. It is understood and agreed by the Parties hereto Xxxxxxx that all rights under Section 1542 of the Civil Code of California, 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 his must have materially affected his settlement with the debtor,” are hereby expressly waived. The Parties acknowledgeXxxxxxx acknowledges, agree agrees and understand understands the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party Xxxxxxx understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party he should eventually suffer additional damages arising out of the subject matter hereof, it he will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge he acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties do he does not know exist, and which, if known, would materially affect the Parties’ his decision to execute this Agreement, regardless of whether the Parties’ his lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Assignment, Assumption and Release Agreement (SearchCore, Inc.)
Section 1542 Release. It is understood and agreed by the Parties hereto Xxxxxx, IRI ----------------------- and Century, and each of them, that all rights under Section 1542 of the Civil Code of California, 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,” ." are hereby expressly waived. The Parties acknowledgeEach of Xxxxxx, agree IRI and understand Century acknowledges and agrees that each understands the consequences of a waiver of Section 1542 of the California Civil Code and assumes full responsibility for any and all injuries, damages, losses or liabilities that may hereinafter arise out of or be related to matters released hereunder. Releasing Party Each of Xxxxxx, IRI and Century understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if a Party such party should eventually suffer additional damages arising out of the subject matter hereofDispute, it he will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge each of Xxxxxx, IRI and Century acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Parties they do not know existexists, and which, if known, would materially affect the Parties’ their decision to execute this Agreement, regardless of whether the Parties’ their lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
Appears in 1 contract
Samples: Settlement Agreement and General Mutual Release (Industrial Rubber Innovations Inc)