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

Waiver of California Civil Code Section 1542. To give the full and complete general release as described in paragraph 3 above, Executive expressly waives and relinquishes all rights and benefits of Section 1542 of the Civil Code of the State of California, or 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. Section 1542 of the Civil Code of the State of California states as follows: So, notwithstanding the provisions of Section 1542, and to implement a full and complete release and discharge of the Released Parties, Executive expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims Executive does not know or suspect to exist in his favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such 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 has 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 2 contracts

Samples: Separation Agreement (CalAmp Corp.), Separation Agreement (CalAmp Corp.)

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Waiver of California Civil Code Section 1542. To give the effect a full and complete general release as described in paragraph 3 above, Executive Employee expressly waives and relinquishes all rights and benefits of Section section 1542 of the Civil Code of the State of California, or any other similar, comparable, or equivalent law in any state or jurisdiction, and Executive Employee does so understanding and acknowledging the significance and consequence of specifically waiving Section section 1542. Section 1542 of the Civil Code of the State of California states as follows: SoThus, notwithstanding the provisions of Section section 1542, and to implement a full and complete release and discharge of Company and the other Released Parties, Executive Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims Executive Employee does not know or suspect to exist in his Employee’s favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claimclaim or claims. Executive represents and Employee warrants that Executive he has read this Agreement, including this waiver of California Civil Code Section section 1542, and that he has consulted with an attorney counsel or has had the opportunity to consult counsel about this Agreement, Agreement and specifically about the waiver of Section section 1542, or has freely chosen to not consult with an attorney, and that Executive Employee understands this Agreement and the Section section 1542 waiver, and so Executive Employee freely and knowingly enters into this Agreement. Executive Employee acknowledges that he Employee may later discover facts different from or in addition to those Executive Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Executive so Employee agrees that the releases and agreements contained in this Agreement will shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Executive Employee 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 ExecutiveEmployee 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. To give the full (a) Xxxxx does hereby expressly waive and complete general release as described in paragraph 3 above, Executive expressly waives and relinquishes relinquish all rights and benefits of afforded by California Civil Code Section 1542 of the Civil Code of the State of California, or any other similar, comparable, or equivalent law in any state or jurisdiction, and Executive does so understanding and acknowledging the significance and consequence consequences of specifically waiving such specific waiver of California Civil Code Section 1542. (b) Xxxxx acknowledges and understands that he is being represented in this matter by counsel, and acknowledges that he is familiar with the provisions of California Civil Code Section 1542. California Civil Code Section 1542 of the Civil Code of the State of California states provides as follows: SoA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Thus, notwithstanding the provisions of Section 1542, and to implement a full and complete release and discharge of the Released Parties, Executive Xxxxx expressly acknowledges and agrees that this Agreement is also intended to include in its effect, without limitation, all such claims Executive which he does not know or suspect to exist in his favor at the time of signing the execution of this Agreement, and that this Agreement contemplates the extinguishment of any such claim. Executive represents those claims. (c) Xxxxx acknowledges 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 has 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 agrees that he may later discover facts different from or in addition to those Executive he now knows or believes to be true regarding the matters released or described in entering into this Agreement. Xxxxx agrees to assume the risk of the possible discovery of additional or different facts, including facts which may have been concealed or hidden, and even so, Executive agrees that the releases and agreements contained in this Agreement will shall remain effective in all respects notwithstanding any later discovery regardless of any such additional or different or additional facts. Executive assumes Xxxxx further acknowledges and agrees that VeriSign had no duty to disclose any and all risk fact to him prior to the execution 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 ExecutiveAgreement.

Appears in 1 contract

Samples: Settlement Agreement (Verisign Inc/Ca)

Waiver of California Civil Code Section 1542. To give the effect a full and complete general release as described in paragraph 3 above, Executive Employee expressly waives and relinquishes all rights and benefits of Section section 1542 of the Civil Code of the State of California, or 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 section 1542. Section 1542 of the Civil Code of the State of California states as follows: SoThus, notwithstanding the provisions of Section section 1542, and to implement a full and complete release and discharge of the Released Parties, Executive Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims Executive Employee does not know or suspect to exist in his Employee's favor at the time of signing executing this Agreement, and that this Agreement contemplates the extinguishment of any such claimclaims. Executive represents and Employee warrants that Executive Employee has read this Agreement, including this waiver of California Civil Code Section section 1542, and that he Employee has consulted with an attorney or had the opportunity to consult with counsel of Employee's choosing about this Agreement, Agreement and specifically about the waiver of Section section 1542, or has freely chosen to not consult with an attorney, and that Executive Employee understands this Agreement and the Section section 1542 waiver, and so Executive Employee freely and knowingly enters into this Agreement. Executive Employee further acknowledges that he Employee later may later discover facts different from or in addition to those Executive Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Executive so Employee agrees that the releases and agreements contained in this Agreement will shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Executive Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, disputes or controversies released or described in this Agreement or with regard to any facts now unknown to ExecutiveEmployee relating thereto.

Appears in 1 contract

Samples: Agreement and Release (Sanmina-Sci Corp)

Waiver of California Civil Code Section 1542. To give the effect a full and complete general release as described in paragraph 3 above, Executive Employee expressly waives and relinquishes all rights and benefits of Section section 1542 of the Civil Code of the State of California, or 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 section 1542. Section 1542 of the Civil Code of the State of California states as follows: SoThus, notwithstanding the provisions of Section section 1542, and to implement a full and complete release and discharge of the Released Parties, Executive Employee expressly acknowledges that this Agreement Release is intended to include in its effect, without limitation, all claims Executive Employee does not know or suspect to exist in his Employee's favor at the time of signing executing this AgreementRelease, and that this Agreement Release contemplates the extinguishment of any such claimclaims. Executive represents and Employee warrants that Executive Employee has read this AgreementRelease, including this waiver of California Civil Code Section section 1542, and that he Employee has consulted with an attorney or had the opportunity to consult with counsel of Employee's choosing about this Agreement, Release and specifically about the waiver of Section section 1542, or has freely chosen to not consult with an attorney, and that Executive Employee understands this Agreement Release and the Section section 1542 waiver, and so Executive Employee freely and knowingly enters into this AgreementRelease. Executive Employee further acknowledges that he Employee later may later discover facts different from or in addition to those Executive Employee now knows or believes to be true regarding the matters released or described in this AgreementRelease, and even so, Executive so Employee agrees that the releases and agreements contained in this Agreement will Release shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Executive Employee expressly assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, disputes or controversies released or described in this Agreement Release or with regard to any facts now unknown to ExecutiveEmployee relating thereto.

Appears in 1 contract

Samples: Agreement and Release (Sanmina-Sci Corp)

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Waiver of California Civil Code Section 1542. To give the full and complete general release as described in paragraph 3 II.3 above, Executive expressly waives and relinquishes all rights and benefits of Section 1542 of the Civil Code of the State of California, or 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. Section 1542 of the Civil Code of the State of California states as follows: So, notwithstanding the provisions of Section 1542, and to implement a full and complete release and discharge of the Released Parties, Executive expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims Executive does not know or suspect to exist in his favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such 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 has 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 (CalAmp Corp.)

Waiver of California Civil Code Section 1542. To give the effect a full and complete general release as described in paragraph 3 above, Executive Employee expressly waives and relinquishes all rights and benefits of Section section 1542 of the Civil Code of the State of California, or 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 section 1542. Section 1542 of the Civil Code of the State of California states as follows: SoThus, notwithstanding the provisions of Section section 1542, and to implement a full and complete release and discharge of the Released Parties, Executive Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims Executive Employee does not know or suspect to exist in his Employee’s favor at the time of signing this Agreement, and that this Agreement contemplates the extinguishment of any such claimclaims. Executive represents and warrants Employee affirms that Executive Employee has read this Agreement, including this waiver of California Civil Code Section section 1542, and that he Employee has consulted with an attorney or had the opportunity to consult with counsel of Employee’s choosing about this Agreement, Agreement and specifically about the waiver of Section section 1542, or has freely chosen to not consult with an attorney, and that Executive Employee understands this Agreement and the Section section 1542 waiver, and so Executive Employee freely and knowingly enters into this Agreement. Executive Employee further acknowledges that he Employee later may later discover facts different from or in addition to those Executive Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Executive so Employee agrees that the releases and agreements contained in this Agreement will shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Executive 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 ExecutiveEmployee relating thereto.

Appears in 1 contract

Samples: Separation and Release Agreement (Sanmina Corp)

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