Common use of Waiver of California Civil Code § 1542 Clause in Contracts

Waiver of California Civil Code § 1542. To effect a full and complete release as described above, Employee expressly waives and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the California Civil Code states: Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release of all claims, Employee expressly acknowledges this Agreement and Release is intended to include in its effect, without limitation, all causes of action or claims Employee does not know or suspect to exist in [his/her] favor at the time of signing this Agreement and Release, and that this Agreement and Release contemplates the extinguishment of any such causes of action or claims. Employee warrants [s/he] has read this Agreement and Release, including this waiver of California Civil Code section 1542, and has consulted counsel about this Agreement and Release and specifically about this waiver of section 1542, and that [s/he] understands this Agreement and Release and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement and Release. Employee acknowledges [s/he] may later discover facts different from or in addition to those [s/he] knows or believes to be true regarding the matters released or described in this Agreement and Release, and even so Employee agrees this release shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee relating to those matters.

Appears in 2 contracts

Samples: General Release Agreement (Natus Medical Inc), General Release Agreement (Natus Medical Inc)

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Waiver of California Civil Code § 1542. To effect a full Source Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and complete the Source Settlement Class Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release as described aboveany and all Source Settlement Class Released Claims, Employee expressly waives without regard to the subsequent discovery or existence of such different additional facts. Source Settlement Class Members waive any and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the afforded by California Civil Code states: Thus, notwithstanding the provisions of 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. Source Settlement Class Members and to implement a full Class Counsel understand and complete release acknowledge the significance of all claims, Employee expressly acknowledges this Agreement and Release is intended to include in its effect, without limitation, all causes of action or claims Employee does not know or suspect to exist in [his/her] favor at the time of signing this Agreement and Release, and that this Agreement and Release contemplates the extinguishment of any such causes of action or claims. Employee warrants [s/he] has read this Agreement and Release, including this waiver of California Civil Code section 1542, and has consulted counsel about this Agreement and Release and specifically about this waiver of section 1542, and that [s/he] understands this Agreement and Release and the section Section 1542 waiver, and so Employee freely and knowingly enters into this Agreement and Release. Employee acknowledges [s/he] may later discover facts different from or in addition to those [s/he] knows or believes to be true regarding the matters released or described in this Agreement and Release, and even so Employee agrees this release shall remain effective in all respects notwithstanding any later discovery and/or of any different other applicable federal or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee state law relating to those matterslimitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Waiver of California Civil Code § 1542. To effect a full Expungement Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and complete the Expungement Settlement Class Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release as described aboveany and all Expungement Settlement Class Released Claims, Employee expressly waives without regard to the subsequent discovery or existence of such different additional facts. Expungement Settlement Class Members waive any and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the afforded by California Civil Code states: Thus, notwithstanding the provisions of 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. Expungement Settlement Class Members and to implement a full Class Counsel understand and complete release acknowledge the significance of all claims, Employee expressly acknowledges this Agreement and Release is intended to include in its effect, without limitation, all causes of action or claims Employee does not know or suspect to exist in [his/her] favor at the time of signing this Agreement and Release, and that this Agreement and Release contemplates the extinguishment of any such causes of action or claims. Employee warrants [s/he] has read this Agreement and Release, including this waiver of California Civil Code section 1542, and has consulted counsel about this Agreement and Release and specifically about this waiver of section 1542, and that [s/he] understands this Agreement and Release and the section Section 1542 waiver, and so Employee freely and knowingly enters into this Agreement and Release. Employee acknowledges [s/he] may later discover facts different from or in addition to those [s/he] knows or believes to be true regarding the matters released or described in this Agreement and Release, and even so Employee agrees this release shall remain effective in all respects notwithstanding any later discovery and/or of any different other applicable federal or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee state law relating to those matterslimitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Waiver of California Civil Code § 1542. To effect a full Chart Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and complete the Chart Settlement Class Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release as described aboveany and all Chart Settlement Class Released Claims, Employee expressly waives without regard to the subsequent discovery or existence of such different additional facts. Chart Settlement Class Members waive any and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the afforded by California Civil Code states: Thus, notwithstanding the provisions of 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. Chart Settlement Class Members and to implement a full Class Counsel understand and complete release acknowledge the significance of all claims, Employee expressly acknowledges this Agreement and Release is intended to include in its effect, without limitation, all causes of action or claims Employee does not know or suspect to exist in [his/her] favor at the time of signing this Agreement and Release, and that this Agreement and Release contemplates the extinguishment of any such causes of action or claims. Employee warrants [s/he] has read this Agreement and Release, including this waiver of California Civil Code section 1542, and has consulted counsel about this Agreement and Release and specifically about this waiver of section 1542, and that [s/he] understands this Agreement and Release and the section Section 1542 waiver, and so Employee freely and knowingly enters into this Agreement and Release. Employee acknowledges [s/he] may later discover facts different from or in addition to those [s/he] knows or believes to be true regarding the matters released or described in this Agreement and Release, and even so Employee agrees this release shall remain effective in all respects notwithstanding any later discovery and/or of any different other applicable federal or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee state law relating to those matterslimitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Waiver of California Civil Code § 1542. To effect a full The Named Plaintiffs acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and complete the Named Plaintiffs’ Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release as described aboveany and all of the Named Plaintiffs’ Released Claims, Employee expressly waives without regard to the subsequent discovery or existence of such different additional facts. The Named Plaintiffs waive any and relinquishes all rights and benefits of section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the afforded by California Civil Code states: Thus, notwithstanding the provisions of 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. The Named Plaintiffs and to implement a full Class Counsel understand and complete release acknowledge the significance of all claims, Employee expressly acknowledges this Agreement and Release is intended to include in its effect, without limitation, all causes of action or claims Employee does not know or suspect to exist in [his/her] favor at the time of signing this Agreement and Release, and that this Agreement and Release contemplates the extinguishment of any such causes of action or claims. Employee warrants [s/he] has read this Agreement and Release, including this waiver of California Civil Code section 1542, and has consulted counsel about this Agreement and Release and specifically about this waiver of section 1542, and that [s/he] understands this Agreement and Release and the section Section 1542 waiver, and so Employee freely and knowingly enters into this Agreement and Release. Employee acknowledges [s/he] may later discover facts different from or in addition to those [s/he] knows or believes to be true regarding the matters released or described in this Agreement and Release, and even so Employee agrees this release shall remain effective in all respects notwithstanding any later discovery and/or of any different other applicable federal or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee state law relating to those matterslimitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Waiver of California Civil Code § 1542. To effect a full Plaintiffs and complete Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and the waivers and Releases in this Agreement, but it is their intention to, and they do upon the Effective Date of this Agreement, fully, finally, and forever settle and release as described aboveany and all released claims, Employee expressly waives without regard to the subsequent discovery or existence of such different additional facts. Plaintiffs and relinquishes Settlement Class Members waive any and all rights and benefits of section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. Section 1542 of the afforded by California Civil Code states: Thus, notwithstanding the provisions of section § 1542, and to implement a full and complete release of all claimswhich 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, Employee expressly acknowledges this Agreement and Release is intended to include in its effectWHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Plaintiffs, without limitation, all causes of action or claims Employee does not know or suspect to exist in [his/her] favor at the time of signing this Agreement and ReleaseSettlement Class Members, and that this Agreement Class Counsel understand and Release contemplates acknowledge the extinguishment significance of any such causes of action or claims. Employee warrants [s/he] has read this Agreement and Release, including this waiver of California Civil Code section 1542, and has consulted counsel about this Agreement and Release and specifically about this waiver of section 1542, and that [s/he] understands this Agreement and Release and the section Section 1542 waiver, and so Employee freely and knowingly enters into this Agreement and Release. Employee acknowledges [s/he] may later discover facts different from or in addition to those [s/he] knows or believes to be true regarding the matters released or described in this Agreement and Release, and even so Employee agrees this release shall remain effective in all respects notwithstanding any later discovery and/or of any different other applicable federal or additional facts. Employee assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts now unknown to Employee state law relating to those matterslimitations on releases.

Appears in 1 contract

Samples: Settlement Agreement

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