Common use of Section 1542 Waiver Clause in Contracts

Section 1542 Waiver. Employee does expressly waive all of the benefits and rights granted to him/her pursuant to California Civil Code section 1542, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OF 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. Employee does certify that he/she has read all of this Agreement, including the release provisions contained herein and the quoted Civil Code section, above, and that he/she fully understands all of the same. Employee hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages (including, without limitation, those arising under the ADEA), as well as those injuries and damages that are now disclosed.

Appears in 13 contracts

Samples: Employment Agreement (1st Pacific Bancorp), Non Qualified Stock Option Agreement (1st Pacific Bancorp), Executive Employment Agreement (Gateway Pacific Bancorp)

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Section 1542 Waiver. Employee does expressly waive all of the benefits and rights granted to him/her him pursuant to California Civil Code section 1542, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OF 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 does certify that he/she he has read all of this Agreement, including the release provisions contained herein and the quoted Civil Code section, above, and that he/she he fully understands all of the same. Employee hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages (including, without limitation, those arising under the ADEA), as well as those injuries and damages that are now disclosed.

Appears in 2 contracts

Samples: Termination of Employment Agreement (1st Pacific Bancorp), Termination of Employment Agreement (1st Pacific Bancorp)

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