Common use of Section 1542 Waiver Clause in Contracts

Section 1542 Waiver. In executing this Agreement, and except as expressly stated in this Agreement, Executive intends for it to be effective as a general release to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive hereby expressly waives any rights and benefits conferred by SECTION 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "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." Executive acknowledges that he may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist against Company Releasees with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive acknowledges that he understands the significance and consequence of such release and such specific waiver of SECTION 1542.

Section 1542 Waiver. In executing this Agreement, and except as expressly stated in this Agreement, Executive Xxxxxxx intends for it to be effective as a general release to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive Xxxxxxx hereby expressly waives any rights and benefits conferred by SECTION 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "“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." Executive ” Xxxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which they he now know knows or believe believes to exist against Company Releasees Releasees, respectively, with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive Xxxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive Xxxxxxx acknowledges that he understands the significance and consequence of such release and such specific waiver of SECTION 1542.

Section 1542 Waiver. In executing this AgreementTo the extent that the foregoing releases are releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, and except as expressly stated in this Agreement, Executive intends for it to is the intention of the Parties that the foregoing releases shall be effective as a general release bar to each any and every claimall Claims of whatsoever character, demand nature and cause of action hereinabove specifiedkind, known or unknown, suspected or unsuspected specified herein. In furtherance of this intention, Executive hereby the Parties expressly waives waive any and all rights and benefits conferred upon them by SECTION the provisions of Section 1542 OF THE CALIFORNIA CIVIL CODEof the California Civil Code or similar provisions of applicable law, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, which are as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 providesfollows: "“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." Executive ” The Parties acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Parties, and each of them, each Party expressly acknowledges that he may hereafter discover claims or facts this Agreement is intended to include in addition to or different from those its effect without limitation all of the claims, causes of action and liabilities which they now the Parties, and each of them do not know or believe suspect to exist against Company Releasees with respect to the subject matter of this Agreement and which, if known or suspected in their favor at the time of executing execution of this Agreement, may have materially affected and this settlement. NeverthelessAgreement contemplates extinguishment of all such claims, Executive waives any right, claim or cause causes of action that might arise as a result of such different or additional claims or facts. Executive acknowledges that he understands the significance and consequence of such release and such specific waiver of SECTION 1542liabilities.

Section 1542 Waiver. In It is the intention of Executive in executing this Agreement, and except as expressly stated in this Agreement, Executive intends for it to Release that the same shall be effective as a general release bar to each and every claim, demand and cause of action Claim hereinabove specified. In furtherance of this intention, Executive hereby expressly waives any and all rights and benefits conferred upon him or her by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE, CODE or any similar applicable law of any other state and expressly consents that this Agreement Release (including, without limitation, the Release set forth above) shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other claims, demands and causes of action Claims hereinabove specified. SECTION 1542 OF THE CALIFORNIA CIVIL CODE 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." ” Executive acknowledges that he or she may hereafter discover claims Claims or facts in addition to or different from those which they Executive now know knows or believe believes to exist against Company Releasees with respect to the subject matter of this Agreement Release and which, if known or suspected at the time of executing this AgreementRelease, may have materially affected this settlement. Nevertheless, Executive hereby waives any right, claim Claim or cause of action that might arise as a result of such different or additional claims Claims or facts. Executive acknowledges that he or she understands the significance and consequence consequences of such release and such specific waiver of SECTION 15421542 OF THE CALIFORNIA CIVIL CODE and any similar applicable law of any other state.

Section 1542 Waiver. In executing To the extent that the releases set out in Sections 13.5 and 13.6 of this AgreementAgreement (the “Releases”) are releases to which Section 1542 of the California Civil Code or similar provisions of other such applicable law apply, and except as expressly stated in this Agreement, Executive intends for it to is the intention of the Parties that the foregoing Releases shall be effective as a general release bar to each any and every claimall actions, demand fees, damages, losses, claims, liabilities and cause demands of action hereinabove specifiedwhatsoever character, nature and kind, known or unknown, suspected or unsuspected specified herein. In furtherance of this intention, Executive hereby TBR and P1 have been advised of the existence of Section 1542 of the California Civil Code and TBR and P1 expressly waives waive any and all rights and benefits conferred upon it by SECTION the provisions of Section 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes the California Civil Code or similar provisions of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 providesapplicable law 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." Executive acknowledges that he may hereafter discover claims or facts ” Notwithstanding such provision, the Releases shall constitute a full release in addition to or different from those which they now know or believe to exist against Company Releasees accordance with respect to the subject matter terms of Sections 13.5 and 13.6 of this Agreement Agreement. TBR and whichP1 knowingly and voluntarily waive the provisions of Section 1542, if known as well as any other statute, law or suspected at rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of the time of executing this AgreementReleases and without such waiver, may the Releases would not have materially affected this settlementbeen entered into. NeverthelessTBR and P1 hereby represent that they have been advised by legal counsel, Executive waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive acknowledges that he understands understand and acknowledge the significance and consequence of such release the Releases and such of this specific waiver of SECTION 1542Section 1542 and other such laws.

Section 1542 Waiver. In executing this Agreement, and except as expressly stated in this Agreement, Executive Xxxxxxxxx intends for it to be effective as a general release to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive Xxxxxxxxx hereby expressly waives any rights and benefits conferred by SECTION 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "“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." Executive ” Xxxxxxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which they he now know knows or believe believes to exist against Company Releasees Releasees, respectively, with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive Xxxxxxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive Xxxxxxxxx acknowledges that he understands the significance and consequence of such release and such specific waiver of SECTION 1542.

Section 1542 Waiver. In It is a further condition of the consideration hereof and is the intention of the parties in executing this Agreement, and except as expressly stated in this Agreement, Executive intends for it to instrument that the same shall be effective as a general release bar as to each and every claim, demand and cause of action hereinabove specified. In specified and, in furtherance of this intention, Executive the parties hereby expressly waives waive any and all rights and or benefits conferred by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE, CODE and expressly consents consent that this Agreement shall be given full force and effect according to each and all of its express terms and provisionsconditions, including those related relating to unknown and unsuspected claims, demands and causes of actionactions, if any, as well as those relating to any other claims, demands and causes of action actions hereinabove specified. SECTION 1542 provides: "“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." Executive acknowledges ” The parties acknowledge that he or it may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist against Company Releasees with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive waives Xxxx and the Company hereby waive any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive acknowledges Xxxx and the Company each acknowledge that he understands they understand the significance and consequence of such release and such specific waiver of SECTION 1542.

Section 1542 Waiver. In executing Except as provided otherwise in this Settlement Agreement, and except as expressly stated the Parties intend the releases set forth in this Agreement, Executive intends for it Settlement Agreement to be effective binding, notwithstanding the discovery of facts not presently known by the Releasing Parties or Released Claims of which the Releasing Parties are not presently aware. The Releasing Parties understand and have been advised by counsel concerning the meaning of Section 1542 of the California Civil Code, which provides as a general release to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive hereby expressly waives any rights and benefits conferred by SECTION 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 providesfollows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM MUST OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Executive acknowledges DEBTOR OR RELEASED PARTY. The Settlement Class Members expressly understand and acknowledge that he it is possible that unknown losses or Released Claims exist or that present losses may hereafter discover claims have been underestimated in amount or facts severity, and the Parties explicitly took that into account in addition determining the amount of consideration for this Settlement Agreement, and a portion of said consideration has been bargained for between the Parties to or different from those which this Agreement with the knowledge of the possibility of such unknown Released Claims, and was given in exchange for a full accord, satisfaction, and discharge of all such Released Claims. The Releasing Parties waive, release, and relinquish any and all rights and benefits they now know or believe to exist against Company Releasees with respect may have under the above provisions of Section 1542 as it may apply to the subject matter of this Agreement and which, if known Released Claims to the fullest extent the Releasing Parties may lawfully waive these rights or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive acknowledges that he understands the significance and consequence of such release and such specific waiver of SECTION 1542benefits.

Section 1542 Waiver. In executing this AgreementTo the extent that the foregoing releases are releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, and except as expressly stated in this Agreement, Executive intends for it to is the intention of the Parties that the foregoing releases shall be effective as a general release bar to each any and every claimall actions, demand fees, damages, losses, claims, liabilities and cause demands of action hereinabove specifiedwhatsoever character, nature and kind, known or unknown, suspected or unsuspected specified herein. In furtherance of this intention, Executive hereby the Releasors and Legacy expressly waives waive any and all rights and benefits conferred upon them by SECTION the provisions of Section 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes the California Civil Code or similar provisions of action, if any, applicable law which are as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 providesfollows: "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." Executive acknowledges that he may hereafter discover general release does not extend to claims or facts in addition to or different from those which they now the creditor does not know or believe suspect to exist against Company Releasees with respect to the subject matter of this Agreement and which, if known or suspected in his favor at the time of executing this Agreementthe release, may which if known by him must have materially affected his settlement with the debtor." The Parties acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of Legacy, Releasors, and each of them, expressly acknowledge that this settlement. NeverthelessWaiver Agreement is intended to include in its effect without limitation all of the claims, Executive waives any right, claim or cause causes of action that might arise as a result and liabilities which Releasors and Legacy, and each of them do not know or suspect to exist in their favor at the time of execution of this Waiver Agreement, and this Waiver Agreement, contemplates extinguishment of all such different or additional claims or facts. Executive acknowledges that he understands the significance claims, causes of action and consequence of such release and such specific waiver of SECTION 1542liabilities.

Section 1542 Waiver. In executing this Agreement, and except as expressly stated in this Agreement, Executive Gregorian intends for it to be effective as a general release to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive Gregorian hereby expressly waives any rights and benefits conferred by SECTION 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "“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." Executive ” Gregorian acknowledges that he may hereafter discover claims or facts in addition to or different from those which they he now know knows or believe believes to exist against Company Releasees Releasees, respectively, with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive Gregorian hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive Gregorian acknowledges that he understands the significance and consequence of such release and such specific waiver of SECTION 1542.

Section 1542 Waiver. In It is the intention of the parties in executing this Agreement, and except as expressly stated in this Agreement, Executive intends for Agreement that it to shall be effective as a general release bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive the parties hereby expressly waives waive any and all rights and benefits conferred upon them by SECTION the provisions of Section 1542 OF THE CALIFORNIA CIVIL CODE, of the California Civil Code and expressly consents consent that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION Section 1542 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." Executive ” Each party acknowledges that he it may hereafter discover claims or facts in addition to or different from those which they such party now know knows or believe believes to exist against Company Releasees with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive each party hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive Each party, after representation by and consultation with counsel, acknowledges that he it understands the significance and consequence of such release and such specific waiver of SECTION Section 1542.

Section 1542 Waiver. In executing this Agreement, and except as expressly stated in this Agreement, Executive Xxxxx and the Company each intends for it to be effective as a general release to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive Xxxxx and the Company each hereby expressly waives any rights and benefits conferred by SECTION 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents consent that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "“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." Executive acknowledges ” Xxxxx and the Company acknowledge that he they may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist against Company Releasees and Xxxxx Releasees, respectively, with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive Xxxxx and the Company each hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive Xxxxx and the Company each acknowledges that he understands they understand the significance and consequence of such release and such specific waiver of SECTION 1542.

Section 1542 Waiver. In executing this Agreement, and except as expressly stated in this Agreement, Executive XxXxxxx intends for it to be effective as a general release to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, Executive XxXxxxx hereby expressly waives any rights and benefits conferred by SECTION 1542 OF THE CALIFORNIA CIVIL CODE, and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "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." Executive XxXxxxx acknowledges that he may hereafter discover claims or facts in addition to or different from those which they he now know knows or believe believes to exist against Company Releasees Releasees, respectively, with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Executive XxXxxxx hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Executive XxXxxxx acknowledges that he understands the significance and consequence of such release and such specific waiver of SECTION 1542.