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

Waiver of California Civil Code Section 1542. In furtherance of this intention, the Parties acknowledge that they are familiar with Section 1542 of the California Civil Code which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now know or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releases, notwithstanding the discovery or existence of any such additional facts. XXXXXXXXXX expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX does not know or suspect to exist in his favor at the time of execution hereof, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim or Claims. ZiLOG expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment of any such ZiLOG Claim or Claims.

Appears in 2 contracts

Samples: Settlement Agreement (Zilog Inc), Settlement Agreement (Zilog Inc)

AutoNDA by SimpleDocs

Waiver of California Civil Code Section 1542. In furtherance of this intentionWITH RESPECT TO THE MATTERS RELEASED HEREIN, the Parties acknowledge that they are familiar with Section THE PARTIES (EACH HAVING BEEN ADVISED TO OBTAIN COUNSEL AND EACH EITHER HAVING OBTAINED THE ADVICE OF COUNSEL OR CHOSEN NOT TO OBTAIN THE ADVICE OF COUNSEL) HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS AS FOLLOWS: i. UNDER SECTION 1542 of the California Civil Code which provides as followsOF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT NOW 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 DEBTORDEBTOR OR RELEASED PARTY.” ii. The Parties OR UNDER ANY SIMILAR STATUES IN ANY OTHER JURISDICTION WHICH MAY APPLY TO THIS RELEASE AGREEMENT. Each party hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to the extent acknowledges that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are it is aware that they it, or its attorneys, may hereafter discover or could possibly have discovered facts different from, or in addition to, or different from to those which they the parties or their respective attorneys, if any, now know of or believe to be true with respect to the subject matter of this Settlement Agreementclaims released hereunder, but and the parties each agree that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as the full and complete releasesrelease of such claims, notwithstanding the discovery or existence of subject only to any such additional factslimitations expressly set forth herein. XXXXXXXXXX expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX does not know or suspect to exist in his favor at the time of execution hereof, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim or Claims. ZiLOG expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment of any such ZiLOG Claim or ClaimsEACH PARTY HEREBY ACKNOWLEDGES AND AGREES THAT MEDIATORS ARE NOT ATTORNEYS FOR THE PARTIES AND DO NOT PROVIDE LEGAL ADVICE.

Appears in 1 contract

Samples: Mediated Settlement Agreement

Waiver of California Civil Code Section 1542. In furtherance To effect a full and complete general release as described above, you expressly waive and relinquish all rights and benefits of this intention, the Parties acknowledge that they are familiar with Section 1542 of the California Civil Code which provides of the State of California and do so understanding and acknowledging the significance and consequence of specifically waiving Section 1542. Section 1542 of the Civil Code of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit general release does not extend to claims which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now creditor does not know or believe suspect to be true 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 respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesdebtor.Thus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX Section 1542, and to implement a full and complete release and discharge of P&G, you expressly acknowledges that acknowledge this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX does claims you do not know or suspect to exist in his your favor at the time of execution hereofsigning this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claims. You warrant that you have read this Agreement, including this waiver of California Civil Code Section 1542, and that You have consulted with or Claimshad the opportunity to consult with counsel of your choosing about this Agreement and specifically about the waiver of Section 1542, and that you understand this Agreement and the Section 1542 waiver, and so you freely and knowingly enters into this Agreement. ZiLOG expressly acknowledges You further acknowledge that this Settlement Agreement is intended you later may discover facts different from or in addition to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not those you know or suspect believe to exist be true regarding the matters released or described in its favor at this Agreement, and even so you agree that the time of execution hereof releases and that agreements contained in this Settlement Agreement contemplates the extinguishment shall remain effective in all respects notwithstanding any later discovery of any such ZiLOG Claim or Claimsadditional facts. You expressly assume any and all risk of any mistake in connection with the true involved in the matters, disputes, or controversies released or described in this Agreement to with regard to any facts now unknown to you relating thereto.

Appears in 1 contract

Samples: Separation Agreement & Release (PROCTER & GAMBLE Co)

Waiver of California Civil Code Section 1542. It is a condition of the consideration hereof, and is the intention of the Plaintiff, individually, and Defendants in executing this Settlement Agreement, that this Settlement Agreement shall be effective as a complete release and settlement of all claims, demands, liens, assignments, contracts, covenants, actions, suits, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, controversies, judgments, orders and liabilities, including but not limited to those claims arising out of or relating to or connected with the Action and the Claims, which the Plaintiff, individually, or Defendants now have, or had in the past, or might have in the future against one another. In furtherance of this intention, which may be asserted by and between the Parties acknowledge that they are familiar with Parties, and/or their successors, heirs and/or assigns, Plaintiff and Defendants expressly, knowingly and voluntarily waive any and all rights and/or benefits conferred upon the Plaintiff and Defendants by Section 1542 of the California Civil Code. Section 1542 of the California Civil Code which provides reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive acknowledge that they have been advised by their respective counsel of and relinquish every right or benefit which that they may have under are familiar with the provisions of Section 1542 of the California Civil Code Code, and that, being aware of that section, the Plaintiff and Defendants expressly waive any and all rights and benefits conferred by that section. This waiver and release applies only to the extent that they may lawfully waive claims arising out of the Action and the Claims and does not extend to any other action, pending or otherwise. This provision shall become effective at such right or benefit pertaining time as Defendants have complied with all of their obligations pursuant to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now know or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releases, notwithstanding the discovery or existence of any such additional facts. XXXXXXXXXX expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX does not know or suspect to exist in his favor at the time of execution hereof, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim or Claims. ZiLOG expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment of any such ZiLOG Claim or Claims.

Appears in 1 contract

Samples: Settlement Agreement

Waiver of California Civil Code Section 1542. In furtherance This Agreement is intended to be effective as a general release of and bar to all claims as stated in this intentionSection. Accordingly, the Parties acknowledge that they are familiar with Section 1542 of the Releasors specifically waive all rights under California Civil Code Section 1542, which provides as follows: states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now know or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesDEBTOR OR RELEASED PARTY." Thus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of the Company Releasees, Executive expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX claims Executive does not know or suspect to exist in his Executive’s favor at the time of execution hereofsigning this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claims. Executive warrants Executive has read this Agreement, including this waiver of California Civil Code section 1542, and that Executive has consulted with or Claimshad the opportunity to consult with counsel of Executive’s choosing about this Agreement and specifically about the waiver of section 1542, and that Executive understands this Agreement and the section 1542 waiver, and so Executive freely and knowingly enters into this Agreement. ZiLOG expressly Executive further acknowledges that Executive later may discover facts different from or in addition to those Executive now knows or believes to be true regarding the matters released or described in this Settlement Agreement, and even so Executive agrees that the releases and agreements contained in this Agreement is intended to include shall remain effective in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional facts. Executive expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now unknown to Executive relating thereto.

Appears in 1 contract

Samples: Separation Agreement (iANTHUS CAPITAL HOLDINGS, INC.)

Waiver of California Civil Code Section 1542. In furtherance To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of this intentionsection 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the Parties acknowledge that they are familiar with significance and consequence of specifically waiving section 1542. Section 1542 of the California Civil Code which provides of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit general release does not extend to claims which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now creditor does not know or believe suspect to be true exist in her favor at the time of executing the release, which if known by him must have materially affected her settlement with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released mattersdebtor. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesThus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of Employer, Employee expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX claims Employee does not know or suspect to exist in his Employee’s favor at the time of execution hereofsigning this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claim or Claimsclaims. ZiLOG expressly Employee warrants she has read her Agreement, including this waiver of California Civil Code section 1542, and she has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Settlement Agreement, and even so Employee agrees the releases and agreements contained in this Agreement is intended to include shall remain effective in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional 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 1 contract

Samples: Mutual Separation Agreement (Guidance Software, Inc.)

Waiver of California Civil Code Section 1542. In furtherance To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of this intentionsection 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the Parties acknowledge that they are familiar with significance and consequence of specifically waiving section 1542. Section 1542 of the California Civil Code which provides of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now know or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesThus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Settlement Separation Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX claims Employee does not know or suspect to exist in his Employee’s favor at the time of execution hereofsigning this Separation Agreement, and that this Settlement Separation Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claims. Employee warrants Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee has consulted with or Claimshad the opportunity to consult with counsel of Employee’s choosing about this Separation Agreement and specifically about the waiver of section 1542, and that Employee understands this Separation Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Separation Agreement. ZiLOG expressly Employee further acknowledges that Employee later may discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Settlement Separation Agreement, and even so Employee agrees that the releases and agreements contained in this Separation Agreement is intended to include shall remain effective in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Separation Agreement or with regard to any facts now unknown to Employee relating thereto.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release of All Claims (Cross Country Healthcare Inc)

Waiver of California Civil Code Section 1542. In furtherance To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of this intentionsection 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the Parties acknowledge that they are familiar with significance and consequence of specifically waiving section 1542. Section 1542 of the California Civil Code which provides of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now know or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesThus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Settlement Separation Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX claims Employee does not know or suspect to exist in his Employee’s favor at the time of execution hereofsigning this Separation Agreement, and that this Settlement Separation Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claims. Employee warrants Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee has consulted with or Claimshad the opportunity to consult with counsel of Employee’s choosing about this Separation Agreement and specifically about the waiver of section 1542, and that Employee understands this Separation Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Separation Agreement. ZiLOG expressly Employee further acknowledges that Employee later may discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Settlement Separation Agreement, and even so Employee agrees that the releases and agreements contained in this Separation Agreement is intended to include shall remain effective in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes or controversies released or described in this Separation Agreement or with regard to any facts now unknown to Employee relating thereto.

Appears in 1 contract

Samples: Confidential Separation Agreement (Nextgen Healthcare, Inc.)

Waiver of California Civil Code Section 1542. In furtherance of this intentionThe Class Representatives, the Parties acknowledge that they are familiar with Settlement Class, and each Settlement Class Member expressly waive and relinquish any and all rights and benefits, conferred by Section 1542 of the California Civil Code, or by any other statutes, common law principles, laws, or rules of similar effect to California Civil Code § 1542, which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT NOW 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 DEBTORDEBTOR OR RELEASED PARTY. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishmentClass Representative, the Parties Settlement Class, and each Settlement Class Member acknowledge that they are aware that they may hereafter discover facts in addition to, to or different from those which they now know or believe to be true with respect to the subject matter of the Released Claims, but the Class Representative, the Settlement Class, and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Approval Order, shall have, nevertheless, fully, finally, and forever waived, settled, and released any and all Released Claims, regardless of such subsequent discovery of additional or different facts. Upon the Effective Date of this Settlement Agreement, but that it is their intention hereby fully, finally the Released Parties shall be released and forever to settle discharged by the Plaintiff for any and release all released mattersclaims that he may have against any of the Released Parties. In furtherance Upon issuance of such intentionthe Final Approval Order, the releases given herein Class Representative, and all Settlement Class Members shall be permanently barred and remain enjoined from: (a) asserting any Released Claims in effect any action or proceeding or from filing, commencing, prosecuting, intervening in, or participating in (as complete releasesclass members or otherwise) any action or proceeding based on any of the Released Claims; and (b) organizing Settlement Class Members, notwithstanding or soliciting the discovery participation of Settlement Class Members, for purposes of pursuing any action or existence of any such additional facts. XXXXXXXXXX expressly acknowledges that this Settlement Agreement is intended proceeding (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in its effect, without limitation, all XXXXXXXXXX Claim a pending or Claims, which XXXXXXXXXX does not know future action or suspect to exist in his favor at proceeding) based on any of the time of execution hereof, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim or Released Claims. ZiLOG expressly acknowledges that Nothing in this Settlement Agreement is intended shall preclude any action to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at enforce the time terms of execution hereof and that this Settlement Agreement contemplates the extinguishment of any such ZiLOG Claim or ClaimsAgreement.

Appears in 1 contract

Samples: Settlement Agreement

AutoNDA by SimpleDocs

Waiver of California Civil Code Section 1542. In furtherance To effect a full and complete general release as described above, I expressly waive and relinquish all rights and benefits of this intentionsection 1542 of the Civil Code of the State of California, and I do so understanding and acknowledging the Parties acknowledge that they are familiar with significance and consequence of specifically waiving section 1542. Section 1542 of the California Civil Code which provides of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit general release does not extend to claims which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now creditor does not know or believe suspect to be true 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 respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released mattersdebtor. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesThus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of the Released Parties, I expressly acknowledges that acknowledge this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX does claims I do not know or suspect to exist in his my favor at the time of execution hereofsigning this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claim. I warrant that I have read this Agreement, including this waiver of California Civil Code section 1542, and that I have consulted counsel about this Agreement and specifically about the waiver of section 1542, and that I understand this Agreement and the section 1542 waiver, and so I freely and knowingly enter into this Agreement. I acknowledge that I may later discover facts different from or Claims. ZiLOG expressly acknowledges that this Settlement Agreement is intended in addition to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not those I now know or suspect believe to exist be true regarding the matters released or described in its favor at this Agreement, and even so I agree that the time of execution hereof releases and that agreements contained in this Settlement Agreement contemplates the extinguishment shall remain effective in all respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional facts. I assume any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now unknown to me relating thereto.

Appears in 1 contract

Samples: Executive Officer Change in Control Agreement (Teradyne, Inc)

Waiver of California Civil Code Section 1542. In furtherance The parties to this Agreement, and each of this intentionthem, the Parties acknowledge that the consideration exchanged for this Agreement is intended and does release and discharge any claim and/or cause of action by them with regard to any unknown or future damage, loss or injury, and they are familiar with do as of the Release Effective Date waive any rights under Civil Code Section 1542 (or similar law of the California Civil Code any other state or jurisdiction), which provides reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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 AGREEMENT WITH THE DEBTOR. The Parties hereby waive parties to this Agreement acknowledge, warrant and relinquish every right or benefit which represent that they may have under Section are familiar with section 1542 of the California Civil Code (“Section 1542”) and that the effect and import of that provision has been fully explained to them by their respective attorneys. There is a risk that subsequent to the extent that they may lawfully waive such right execution of this Agreement, one or benefit pertaining more of the parties to this Agreement will incur or suffer loss, damages or injuries related to the subject matter of this Settlement Agreement, but which are unknown and unanticipated at the time this Agreement is signed. In connection with such waiver The parties to this Agreement, and relinquishmenteach of them, hereby assume the above mentioned risks and understand that this Agreement shall apply to all unknown or unanticipated claims, losses, damages or injuries relating to the subject matter of this Agreement, as well as those known and anticipated, and upon advice of legal counsel, the Parties parties to this Agreement, and each of them, do hereby waive any and all rights under the aforesaid Section 1542. The parties to this Agreement, and each of them, acknowledge that they are aware fully understand that they may hereafter discover facts in addition to, to or different from those which they now know or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby to fully, finally and forever to settle and release all claims, obligations and matters released matters. In herein, known or unknown, suspected or unsuspected, which do exist, may exist in the future or heretofore have existed between the parties to this Agreement, and that in furtherance of such intention, the releases given herein shall be and remain in effect as full and complete releasesreleases of the matters released herein, notwithstanding the discovery or existence of any such additional or different facts. XXXXXXXXXX expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX does not know or suspect to exist in his favor at the time of execution hereof, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim or Claims. ZiLOG expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment of any such ZiLOG Claim or Claims.

Appears in 1 contract

Samples: Settlement Agreement (Imaging3 Inc)

Waiver of California Civil Code Section 1542. In furtherance To affect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of this intentionsection 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the Parties acknowledge that they are familiar with significance and consequence of specifically waiving section 1542. Section 1542 of the California Civil Code which provides of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit general release does not extend to claims which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now creditor does not know or believe suspect to be true 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 respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released mattersdebtor. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesThus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of Employer, Employee expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX claims Employee does not know or suspect to exist in his Employee’s favor at the time of execution hereofsigning this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claim or Claimsclaims. ZiLOG expressly Employee warrants he has read this Agreement, including this waiver of California Civil Code section 1542, and he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Settlement Agreement, and even so Employee agrees the releases and agreements contained in this Agreement is intended to include shall remain effective in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional 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 1 contract

Samples: Transition and Mutual Separation Agreement (Guidance Software, Inc.)

Waiver of California Civil Code Section 1542. In furtherance To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of this intentionsection 1542 of the Civil Code of the State of California, and Employee does so understanding and acknowledging the Parties acknowledge that they are familiar with significance and consequence of specifically waiving section 1542. Section 1542 of the California Civil Code which provides of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit general release does not extend to claims which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now creditor does not know or believe suspect to be true 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 respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released mattersdebtor. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesThus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of Employer, Employee expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX claims Employee does not know or suspect to exist in his Employee’s favor at the time of execution hereofsigning this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claim or Claimsclaims. ZiLOG expressly Employee warrants he has read this Agreement, including this waiver of California Civil Code section 1542, and he has consulted counsel or has had the opportunity to consult counsel about this Agreement and specifically about the waiver of section 1542, and Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Settlement Agreement, and even so Employee agrees the releases and agreements contained in this Agreement is intended to include shall remain effective in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional 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 1 contract

Samples: Separation Agreement (Guidance Software, Inc.)

Waiver of California Civil Code Section 1542. In furtherance To effect a full and complete general release as described above, Employee expressly waives and relinquishes all rights and benefits of this intentionsection 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the Parties acknowledge that they are familiar with significance and consequence of specifically waiving rights under section 1542. Section 1542 of the California Civil Code which provides of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code to the extent that they may lawfully waive such right or benefit pertaining to the subject matter of this Settlement Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from those which they now know or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is their intention hereby fully, finally and forever to settle and release all released matters. In furtherance of such intention, the releases given herein shall be and remain in effect as complete releasesThus, notwithstanding the discovery or existence provisions of any such additional facts. XXXXXXXXXX section 1542, and to implement a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Settlement Separation Agreement is intended to include in its effect, without limitation, all XXXXXXXXXX Claim or Claims, which XXXXXXXXXX claims Employee does not know or suspect to exist in his Employee’s favor at the time of execution hereofsigning this Separation Agreement, and that this Settlement Separation Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claims. Employee affirms that Employee has read this Separation Agreement, including this waiver of California Civil Code section 1542, and that Employee has consulted with or Claimshad the opportunity to consult with counsel of Employee’s choosing about this Separation Agreement and specifically about the waiver of section 1542, and that Employee understands this Separation Agreement and the waiver of section 1542, and so Employee freely and knowingly enters into this Separation Agreement. ZiLOG expressly Employee further acknowledges that Employee later may discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Settlement Separation Agreement, and even so Employee agrees that the releases and agreements contained in this Separation Agreement is intended to include shall remain effective in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG does not know or suspect to exist in its favor at the time of execution hereof and that this Settlement Agreement contemplates the extinguishment respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional facts. Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Separation Agreement or with regard to any facts now unknown to Employee relating thereto.

Appears in 1 contract

Samples: Confidential Separation Agreement (Sanmina Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!