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

Waiver of Civil Code Section 1542. The Parties acknowledge that they have been informed by their attorneys of the provisions of Section 1542 of the Civil Code of the State of California, and, to the extent applicable, the Parties do each hereby expressly waive and relinquish any and all rights and benefits which they had, or may have had, under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory or common law rights or rules similar to Section 1542. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The Parties each expressly waive and release any right or benefit which they have or may have under Section 1542, or any similar law or rule of any jurisdiction, to the full extent that they may waive all such right and benefits pertaining to the matters released in this Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may subsequently discover claims presently unknown or unsuspected, or facts in addition to or different from those which they now know or believe to be true with respect to the matters released in this Agreement. Nevertheless, it is the intention of the Parties, through this Agreement, and with the advice of counsel, fully, finally, and forever to settle and release all such matters and all such claims which do now exist, may exist, or previously have existed between the parties. In furtherance of such intention, the releases given by this Agreement shall be and remain in effect as full and complete releases of such matters notwithstanding the discovery or existence of any such additional or different claims or facts relative to such matters.

Waiver of Civil Code Section 1542. The Parties acknowledge that they have been informed by their attorneys It is the intention of each of the provisions Parties that this Agreement shall be effective as a full and final accord, satisfaction and release of Section 1542 all of the Civil Code of the State of Californiaclaims and other matters as described in Paragraph 6, and, to the extent applicableabove (individually and collectively, the Parties do “Released Claim(s)”). In furtherance of this intention, each hereby Party acknowledges and agrees that the release of Released Claims provided for in this Agreement shall extend to any and all Released Claims, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and expressly waive waives and relinquish relinquishes any right any Party may have under California Civil Code, Section 1542, which provides that: Each Party expressly waives and releases any and all rights and benefits which they had, or may have had, under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory or common law rights or rules similar to Section 1542. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The Parties each expressly waive and release any right or benefit which they have that such Party has or may have under California Civil Code, Section 1542, or and any other similar law or rule of in any jurisdiction, to the full extent that they may waive all such right and benefits other jurisdiction pertaining to the matters released in this Agreement. In connection with such waiver Each Party understands, acknowledges and relinquishment, the Parties acknowledge agrees that they are aware that they he or it may subsequently later discover claims presently unknown or unsuspected, or facts in addition to to, or different from from, those which they he or it now know knows or believe believes to be true with respect as to the matters released in Released Claims or the subject matter of this Agreement. Nevertheless, but it is the intention of each of the Parties, through and in accordance with this Agreement, Agreement and with the advice of counselcounsel of his or its own choosing, fully, finally, finally and forever to settle and release all such matters any and all such claims which do now exist, may exist, or previously have existed between the partiesReleased Claims. In furtherance of such this intention, the releases given by of the Released Claims provided for under this Agreement shall be be, and are to remain in effect as as, full and complete releases of such matters any and all Released Claims notwithstanding the discovery or existence of any such additional or different claims or facts relative relating to such mattersreleases.

Waiver of Civil Code Section 1542. The Parties acknowledge that they have been informed by their attorneys It is the intention of each of the provisions of Section 1542 Parties that, subject to each of the Civil Code Notis Lenders’ Exclusion and of the State Goh Exclusion, this Agreement shall be effective as a full and final accord, satisfaction, and release of Californiaall of the claims and other matters described hereinabove (individually and collectively, and, to the extent applicable“Released Claim(s),” which Released Claim(s), the Parties specifically acknowledge, do not include either of the Notis Lenders’ Exclusion or the Goh Exclusion). In furtherance of this intention, each hereby Party acknowledges and agrees that the release of Released Claims provided for in this Agreement shall extend to any and all Released Claims, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and expressly waive waives and relinquish relinquishes any right any Party may have under California Civil Code, Section 1542, which provides that: Each Party expressly waives and releases any and all rights and benefits which they had, or may have had, under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory or common law rights or rules similar to Section 1542. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The Parties each expressly waive and release any right or benefit which they have that such Party has or may have under California Civil Code, Section 1542, or and any other similar law or rule of in any jurisdiction, to the full extent that they may waive all such right and benefits other jurisdiction pertaining to the matters released in this Agreement. In connection with such waiver Each Party understands, acknowledges, and relinquishment, the Parties acknowledge agrees that they are aware that they he or it may subsequently later discover claims presently unknown or unsuspected, or facts in addition to to, or different from from, those which they that he or it now know knows or believe believes to be true with respect as to the matters released in Released Claims or the subject matter of this Agreement. Nevertheless; but, it is the intention of each of the Parties, through and in accordance with this Agreement, Agreement and with the advice of counselcounsel of his or its own choosing, fully, finally, and forever forever, but, subject to each of the Notis Lenders’ Exclusion and of the Goh Exclusion, to settle and release all such matters any and all such claims which do now exist, may exist, or previously have existed between the partiesReleased Claims. In furtherance of such this intention, the releases given by of the Released Claims provided for under this Agreement shall be be, and are to remain in effect as as, full and complete releases of such matters any and all Released Claims notwithstanding the discovery or existence of any such additional or different claims or facts relative relating to such mattersreleases.

Waiver of Civil Code Section 1542. The Parties acknowledge that they Because certain of the agreements by and among some or all of the undersigned may have been informed by their attorneys of entered and delivered when the provisions of Section 1542 of the Civil Code of Company maintained a presence in the State of California, andit is the intention of each of the undersigned that this Agreement shall be effective as a full and final accord, to satisfaction, and release of all of the extent applicableclaims and other matters described hereinabove (individually and collectively, the Parties do “Released Claim(s)”). In furtherance of this intention, each hereby of the undersigned acknowledges and agrees that the release of Released Claims provided for in this Agreement shall extend to any and all Released Claims, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and expressly waive waives and relinquish relinquishes any right that the undersigned may have under California Civil Code, Section 1542, which provides that: Each of the undersigned expressly waives and releases any and all rights and benefits which they had, or may have had, under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory or common law rights or rules similar to Section 1542. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The Parties each expressly waive and release any right or benefit which they have that it has or may have under California Civil Code, Section 1542, or and any other similar law or rule of in any jurisdiction, to the full extent that they may waive all such right and benefits other jurisdiction pertaining to the matters released in this Agreement. In connection with such waiver Each of the undersigned understands, acknowledges, and relinquishment, the Parties acknowledge agrees that they are aware that they it may subsequently later discover claims presently unknown or unsuspected, or facts in addition to to, or different from from, those which they that it now know knows or believe believes to be true with respect as to the matters released in Released Claims or the subject matter of this Agreement. Nevertheless; but, it is the intention of each of the Partiesundersigned, through and in accordance with this Agreement, Agreement and with the advice of counselcounsel of its own choosing, fully, finally, and forever forever, to settle and release all such matters any and all such claims which do now exist, may exist, or previously have existed between the partiesReleased Claims. In furtherance of such this intention, the releases given by of the Released Claims provided for under this Agreement shall be be, and are to remain in effect as as, full and complete releases of such matters any and all Released Claims notwithstanding the discovery or existence of any such additional or different claims or facts relative relating to such mattersreleases.