Waiver of California Civil Code Section 1542. 11. 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 and Release (Zilog Inc), Settlement Agreement and Release (Zilog Inc)
Waiver of California Civil Code Section 1542. 11To effect a full and complete general 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 Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. In furtherance 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 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 Company and the other Released Parties, 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 acknowledges that Employee warrants he has read this Settlement Agreement is intended to include in its effectAgreement, without limitationincluding this waiver of California Civil Code section 1542, 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 he has consulted counsel or has had the opportunity to consult counsel about this Settlement Agreement contemplates and specifically about the extinguishment waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this Agreement. Employee acknowledges 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 Agreement, and even so Employee agrees the releases and agreements contained in this Agreement shall remain effective in all 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 2 contracts
Samples: Separation and General Release Agreement (Lions Gate Entertainment Corp /Cn/), Confidential Agreement and General Release (Lions Gate Entertainment Corp /Cn/)
Waiver of California Civil Code Section 1542. 11Each Seller who is a resident of the State of California acknowledges that the release contained in this Agreement extends to all claims whatsoever being released as set forth in Section 3.5(a) above that he may have with respect to the Released Parties. In furtherance Each applicable Seller acknowledges that such Seller is not relying and has not relied on any representation or statement made by the Released Parties with respect to the facts involved in any claims hereunder or with regard to his rights or asserted rights. Each applicable Seller hereby assumes the risk of all mistakes of fact with respect to such claims and with regard to all facts which are now unknown to such Seller. It is expressly understood and agreed by the parties that this intentionAgreement is in full accord, satisfaction and discharge of any such claims and that this Agreement has been executed with the express intention of effectuating the legal consequences provided for in Section 1541 of the California Civil Code, the Parties acknowledge extinguishment of all obligations as herein described. Each applicable Seller hereby expressly and knowingly waives and relinquishes all rights and benefits that they are familiar with he may have under Section 1542 of the California Civil Code which provides or any similar code section, if and to the extent applicable to the release pursuant to this Agreement. Section 1542 of the California Civil Code 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 WITH THE DEBTOR. The Parties hereby waive .” For purposes of this Agreement, the term “creditor” as used and relinquish every right or benefit which they may have under referred to in 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 Agreementabove means and includes each applicable Seller. 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 Each party has received independent legal advice from those which they now know or believe to be true their attorneys with respect to the subject matter advisability of executing this Settlement AgreementAgreement and with respect to the meaning of California Civil Code, but that it is their intention hereby fully, finally Sections 1541 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 Claims1542.
Appears in 2 contracts
Samples: Share Exchange Agreement (Imperva Inc), Share Exchange Agreement (Imperva Inc)
Waiver of California Civil Code Section 1542. 11To effect a full and complete general release as described with respect to the Netflix Released Claims, Licensor expressly waives and relinquish 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. In furtherance 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 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 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 creditor does not know or suspect to exist in his or her favor at the time of execution hereofexecuting the release, which if known by him or her must have materially affected his or her settlement with the debtor. Thus, notwithstanding the provisions of section 1542, and that this Settlement Agreement contemplates to implement a full and complete release and discharge of the extinguishment of any such XXXXXXXXXX Claim or Claims. ZiLOG Netflix Released Claims Licensor expressly acknowledges that this Settlement Agreement is the releases and waivers it gives in connection with the Netflix Released Claims are intended to include in its their effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG claims and obligations as described above that Licensor does not know or suspect to exist in its favor at the time of execution hereof signing the Amendment, and that this Settlement Agreement Amended & Restated Amendment contemplates the extinguishment of any such ZiLOG Claim claims and obligations. Licensor acknowledges that it may later discover facts different from or in addition to those it now knows or believes to be true regarding the matters released or described with respect to the Netflix Released Claims, and even so agrees the releases contained with respect to the Netflix Released Claims shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Licensor assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described with respect to the Netflix Released Claims or with regard to any facts now unknown to Licensor relating to those matters.
Appears in 2 contracts
Samples: Pay Television License Agreement, Pay Television License Agreement
Waiver of California Civil Code Section 1542. 11To effect a full and complete general 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 Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. In furtherance 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 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 and General Release (Guidance Software, Inc.)
Waiver of California Civil Code Section 1542. 11. 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: PROCTER & GAMBLE Co
Waiver of California Civil Code Section 1542. 11To effect a full and complete general release as described above, I expressly waive and relinquish all rights and benefits of section 1542 of the Civil Code of the State of California, and I do so understanding and acknowledging the significance and consequence of specifically waiving section 1542. In furtherance 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 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. 11. In furtherance To give the full and complete general release as described in paragraph II.3 above, Executive expressly waives and relinquishes all rights and benefits 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 RELEASEof the State of California, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORor any other similar, comparable, or equivalent law in any state or jurisdiction, and Executive does so understanding and acknowledging the significance and consequence of specifically waiving Section 1542. The Parties hereby waive and relinquish every right or benefit which they may have under Section 1542 of the California Civil Code of the State of California states as follows: “A general release does not extend to claims which the extent that they may lawfully waive such right creditor 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 releasing party does not know or suspect to exist in his favor at the time of execution hereofexecuting the release and that, if known to him would have materially affected his settlement with the debtor or released party.” So, notwithstanding the provisions of Section 1542, and that this Settlement Agreement contemplates to implement a full and complete release and discharge of the extinguishment of any such XXXXXXXXXX Claim or Claims. ZiLOG Released Parties, Executive expressly acknowledges that this Settlement Agreement is intended to include in its effect, without limitation, all ZiLOG Claim or Claims, which ZiLOG claims Executive does not know or suspect to exist in its his favor at the time of execution hereof signing this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such ZiLOG Claim claim. Executive represents and warrants that Executive has read this Agreement, including this waiver of California Civil Code Section 1542, and that he has consulted with an attorney about this Agreement, and specifically about the waiver of Section 1542, or Claimshas freely chosen to not consult with an attorney, and that Executive understands this Agreement and the Section 1542 waiver, and so Executive freely and knowingly enters into this Agreement. Executive acknowledges that he may later 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 Agreement, and even so, Executive agrees that the releases and agreements contained in this Agreement will remain effective in all respects notwithstanding any later discovery of any different or additional facts. Executive 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.
Appears in 1 contract
Samples: Separation Agreement and General Release (CalAmp Corp.)
Waiver of California Civil Code Section 1542. 11To effect a full and complete general 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. In furtherance 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 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, 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. 11To effect a full and complete general 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. In furtherance 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 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, Employee expressly acknowledges that this Settlement Agreement Release 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 hereofexecuting this Release, and that this Settlement Agreement Release contemplates the extinguishment of any such XXXXXXXXXX Claim claims. Employee warrants Employee has read this Release, 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 Release and specifically about the waiver of section 1542, and that Employee understands this Release and the section 1542 waiver, and so Employee freely and knowingly enters into this Release. 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 Agreement is intended to include Release, and even so Employee agrees that the releases and agreements contained in its effect, without limitation, this Release shall remain effective in 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 Release or with regard to any facts now unknown to Employee relating thereto.
Appears in 1 contract
Waiver of California Civil Code Section 1542. 11To effect a full and complete general 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. In furtherance 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 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 general release does not extend to claims that the creditor 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 releasing party does not know or believe suspect to be true exist in his or her favor at the time of executing the release and that, if known by him or her, would 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 debtor or released mattersparty. 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 (Cross Country Healthcare Inc)
Waiver of California Civil Code Section 1542. 11To effect a full and complete general 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. In furtherance 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 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, 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 hereofexecuting this Agreement, and that this Settlement Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claims. Employee warrants Employee has read this 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 Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this 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 Agreement, and even so Employee 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. 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 Agreement or with regard to any facts now unknown to Employee relating thereto.
Appears in 1 contract
Waiver of California Civil Code Section 1542. 11To effect a full and complete general 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 Employee does so understanding and acknowledging the significance and consequence of specifically waiving section 1542. In furtherance 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 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. 11Each Seller who is a resident of the State of California acknowledges that the release contained in this Agreement extends to all claims whatsoever being released as set forth in Section 3.6(a) above that he may have with respect to the Released Parties. In furtherance Each applicable Seller acknowledges that such Seller is not relying and has not relied on any representation or statement made by the Released Parties with respect to the facts involved in any claims hereunder or with regard to his rights or asserted rights. Each applicable Seller hereby assumes the risk of all mistakes of fact with respect to such claims and with regard to all facts which are now unknown to such Seller. It is expressly understood and agreed by the parties that this intentionAgreement is in full accord, satisfaction and discharge of any such claims and that this Agreement has been executed with the express intention of effectuating the legal consequences provided for in Section 1541 of the California Civil Code, the Parties acknowledge extinguishment of all obligations as herein described. Each applicable Seller hereby expressly and knowingly waives and relinquishes all rights and benefits that they are familiar with he may have under Section 1542 of the California Civil Code which provides or any similar code section, if and to the extent applicable to the release pursuant to this Agreement. Section 1542 of the California Civil Code 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 WITH THE DEBTOR. The Parties hereby waive .” For purposes of this Agreement, the term “creditor” as used and relinquish every right or benefit which they may have under referred to in 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 Agreementabove means and includes each applicable Seller. 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 Each party has received independent legal advice from those which they now know or believe to be true their attorneys with respect to the subject matter advisability of executing this Settlement AgreementAgreement and with respect to the meaning of California Civil Code, but that it is their intention hereby fully, finally Sections 1541 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 Claims1542.
Appears in 1 contract
Waiver of California Civil Code Section 1542. 11. In furtherance Except for the Severance and other obligations of Company under this intentionAgreement, the Parties acknowledge that they are familiar with Employee expressly waives and relinquishes any and all rights and benefits afforded to Employee by Section 1542 of the California Civil Code which provides of the State of California (“Section 1542”), and do so understanding and acknowledging the significance of such specific waiver of Section 1542. Section 1542 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 general release does not extend 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 Claimsclaims, which XXXXXXXXXX the creditor does not know or suspect to exist in his or her favor at the time of execution hereofexecuting the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.” Employee hereby expressly waives and relinquishes all rights and benefits under Section 1542 and any law or legal principle of similar effect in any jurisdiction with respect to the releases granted in this Agreement. Notwithstanding the provisions of Section 1542, and that this Settlement Agreement contemplates for the extinguishment purpose of any such XXXXXXXXXX Claim or Claims. ZiLOG implementing a full and complete release and discharge of the Releasees, Employee expressly acknowledges that this Settlement Agreement and the general release set forth in paragraph 11 is intended to to, and does, include in its effect, without limitation, and discharge all ZiLOG Claim or Claims, claims which ZiLOG Employee does not know or suspect to exist as of the Separation Date. Furthermore, Employee acknowledges that Employee consciously intends these consequences even as to claims for damages that may exist, and which, if known, would materially affect Employee’s decision to execute this waiver and release, regardless of whether Employee’s lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. Employee further agrees that Company may introduce this Agreement as evidence in its favor at any subsequent proceeding as an affirmative bar to such a proceeding or to enforce the time of execution hereof and that this Settlement Agreement contemplates the extinguishment of any such ZiLOG Claim or Claimsspecific provisions contained herein.
Appears in 1 contract
Samples: Severance Agreement and General Release (Crimson Wine Group, LTD)
Waiver of California Civil Code Section 1542. 11This Agreement is intended to be effective as a general release of and bar to all claims as stated in this Section. In furtherance of this intentionAccordingly, 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 and General Release (iANTHUS CAPITAL HOLDINGS, INC.)
Waiver of California Civil Code Section 1542. 11To affect a full and complete general release as described above, you expressly waive and relinquish all rights and benefits of section 1542 of the Civil Code of the State of California, and do so understanding and acknowledging the significance and consequence of specifically waiving section 1542. In furtherance 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 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 general release does not extend to claims that the creditor 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 releasing party does not know or believe suspect to be true exist in his or her favor at the time of executing the release and that, if known by him or her, would 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 debtor or released mattersparty. 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, you expressly acknowledges that acknowledge this Settlement Separation 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 Separation Agreement, and that this Settlement Separation Agreement contemplates the extinguishment of any such XXXXXXXXXX Claim claims. You warrant you have read this Separation 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 Separation Agreement and specifically about the waiver of section 1542, and that you understand this Separation Agreement and the section 1542 waiver, and so you freely and knowingly enter into this Separation 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 now know or suspect believe to exist be true regarding the matters released or described in its favor at this Separation Agreement, and even so you agree that the time of execution hereof releases and that agreements contained in this Settlement Separation Agreement contemplates the extinguishment shall remain effective in all respects notwithstanding any later discovery of any such ZiLOG Claim different or Claimsadditional facts. You expressly 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 Separation Agreement or with regard to any facts now unknown to you relating thereto.
Appears in 1 contract
Waiver of California Civil Code Section 1542. 11To effect a full and complete general 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. In furtherance 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 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 general release does not extend to claims that the creditor 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 releasing party does not know or believe suspect to be true exist in his or her favor at the time of executing the release and that, if known by him or her, would 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 debtor or released mattersparty. 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 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 claims. Employee affirms that Employee has read this 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 Agreement and specifically about the waiver of section 1542, and that Employee understands this Agreement and the section 1542 waiver, and so Employee freely and knowingly enters into this 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 Agreement, and even so Employee 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. 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 Agreement or with regard to any facts now unknown to Employee relating thereto.
Appears in 1 contract