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

Waiver of Rights Under California Civil Code Section 1542. Executive acknowledges that he has read Section 1542 of the Civil Code of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive understands that for purposes of this Section 2(f), he is considered the “creditor” and the Company is considered the “debtor.” Executive understands that Section 1542 gives him the right not to release existing claims of which he is not now aware, unless he voluntarily chooses to waive this right. Even though Executive is aware of this right, Executive nevertheless hereby voluntarily waives the right described in Section 1542 with respect to the Released Claims, and elects to assume all risks for claims that now exist in his favor, known or unknown, arising from the subject matter of the Release. Executive acknowledges that different or additional facts may be discovered in addition to what he now knows or believes to be true with respect to the matters herein released, and Executive agrees that this Release shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any such different or additional facts. Executive represents and warrants that he has not previously filed or joined in any claims that are released herein and that he has not given or sold any portion of any claims released herein to anyone else.

Appears in 2 contracts

Samples: Employment Agreement (Hyperion Therapeutics Inc), Change of Control and Severance Agreement (Hyperion Therapeutics Inc)

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Waiver of Rights Under California Civil Code Section 1542. Executive acknowledges The Parties and Pastor Xxx Xxxx Xxx, individually, acknowledge that he has read they may hereafter discover facts different from, or in addition to, those which they now claim or believe to be true with respect to the Settled Claims and Released Claims, and agree that this Agreement shall be and remain effective in all respects notwithstanding the discovery of such different or additional facts. In furtherance of the release set forth in Paragraph 2 above, the Parties and Pastor Xxx Xxxx Xxx hereby acknowledge that they are knowingly and voluntarily waiving their rights under Section 1542 of the California Civil Code to the full extent that they may lawfully waive all such rights and benefits pertaining to the subject matter hereof, and that the consequence of the State of Californiasuch waiver has been explained to them by their counsel, translators and/or advisors. The Parties and Pastor Xxx Xxxx Xxx acknowledge that they are familiar with Section 1542 which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive understands that Notwithstanding the provisions of Section 1542, and for the purposes of this Section 2(f), he is considered implementing a full and complete release of the “creditor” Released Claims only in accordance with and the Company is considered the “debtor.” Executive understands that Section 1542 gives him the right not to release existing claims of which he is not now aware, unless he voluntarily chooses to waive this right. Even though Executive is aware of this right, Executive nevertheless hereby voluntarily waives the right described in Section 1542 with respect subject to the Released Claimsterms set forth in Paragraph 2 above, the Parties, and elects Pastor Xxx Xxxx Xxx individually, expressly acknowledge that this Release is intended to assume include in the scope of Settled Claims and Released Claims all risks for claims that now exist in his favor, known or unknown, arising from anticipated or unanticipated, suspected or unsuspected existing at the subject matter time of the Release. Executive acknowledges that different or additional facts may be discovered execution of this Agreement in addition to what he now knows or believes to be true connection with respect to the matters herein releasedSettled Claims and Released Claims only, and Executive agrees that this Release shall be and remain in effect in all respects as a complete and final release Agreement contemplates the extinguishment of the matters released, notwithstanding any such different claim or additional factsclaims. Executive represents The Parties and warrants Pastor Xxx Xxxx Xxx expressly waive any right to assert hereafter that he has not previously filed any Settled Claims or joined in any claims that are released herein and that he has not given Released Claims were excluded from this Agreement through ignorance, oversight, error, a failure to read the terms, the non-use of a translator, or sold any portion of any claims released herein to anyone elseotherwise.

Appears in 1 contract

Samples: Settlement Agreement

Waiver of Rights Under California Civil Code Section 1542. Executive acknowledges that he has read Section 1542 of the Civil Code of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive understands that for purposes of this Section 2(f), he is considered the “creditor” and the Company is considered the “debtor.” Executive understands that Section 1542 gives him the right not to release existing claims of which he is not now aware, unless he voluntarily chooses to waive this right. Even though Executive is aware of this right, Executive nevertheless hereby voluntarily waives the right described in Section 1542 with respect to the Released Claims, and elects to assume all risks for claims that now exist in his favor, known or unknown, arising from the subject matter of the Release. Executive acknowledges that different or additional facts may be discovered in addition to what he now knows or believes to be true with respect to the matters herein released, and Executive agrees that this Release Agreement shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any such different or additional facts. Executive represents and warrants that he has not previously filed or joined in any claims that are released herein and that he has not given or sold any portion of any claims released herein to anyone else.

Appears in 1 contract

Samples: Separation Agreement and Release of All Claims (Asian Financial Inc)

Waiver of Rights Under California Civil Code Section 1542. Executive acknowledges that he she has read Section 1542 of the Civil Code of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive understands that for purposes of this Section 2(f3(f), he she is considered the “creditor” and the Company is considered the “debtor.” Executive understands that Section 1542 gives him her the right not to release existing claims of which he she is not now aware, unless he she voluntarily chooses to waive this right. Even though Executive is aware of this right, Executive nevertheless hereby voluntarily waives the right described in Section 1542 with respect to the Released Claims, and elects to assume all risks for claims that now exist in his her favor, known or unknown, arising from the subject matter of the Release. Executive acknowledges that different or additional facts may be discovered in addition to what he she now knows or believes to be true with respect to the matters herein released, and Executive agrees that this Release Agreement shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any such different or additional facts. Executive represents and warrants that he she has not previously filed or joined in any claims that are released herein and that he she has not given or sold any portion of any claims released herein to anyone else.

Appears in 1 contract

Samples: Separation Consulting Agreement (Hyperion Therapeutics Inc)

Waiver of Rights Under California Civil Code Section 1542. Executive acknowledges that he or she has read Section 1542 of the Civil Code of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive understands that for purposes of this Section 2(f), he is considered the “creditor” and the Company is considered the “debtor.” Executive understands that Section 1542 gives him Executive the right not to release existing claims of which he or she is not now aware, unless he or she voluntarily chooses to waive this right. Even though Executive is aware of this right, Executive nevertheless hereby voluntarily waives the right described in Section 1542 with respect to the Released Claims, and elects to assume all risks for for, and release, all claims that now exist in his his/her favor, known or unknown, arising from the subject matter of the Releaserelease. Executive acknowledges that different or additional facts may be discovered in addition to what he or she now knows or believes to be true with respect to the matters herein released, and Executive agrees that this Release Agreement shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any such different or additional facts. Executive represents and warrants that he or she has not previously filed or joined in any claims that are released herein and that he or she has not given or sold any portion of any claims released herein to anyone else.

Appears in 1 contract

Samples: Executive Separation Agreement (Advanced Energy Industries Inc)

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Waiver of Rights Under California Civil Code Section 1542. Executive acknowledges that he has read Section 1542 of the Civil Code of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive understands that for purposes of this Section 2(f), he is considered the “creditor” and the Company is considered the “debtor.” Executive understands that Section 1542 gives him Executive the right not to release existing claims of which he is not now aware, unless he voluntarily chooses to waive this right. Even though Executive is aware of this right, Executive nevertheless hereby voluntarily waives the right described in Section 1542 with respect to the Released Claims, and elects to assume all risks for for, and release, all claims that now exist in his his/her favor, known or unknown, arising from the subject matter of the Releaserelease. Executive acknowledges that different or additional facts may be discovered in addition to what he now knows or believes to be true with respect to the matters herein released, and Executive agrees that this Release shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any such different or additional facts. Executive represents and warrants that he has not previously filed or joined in any claims that are released herein and that he has not given or sold any portion of any claims released herein to anyone else.

Appears in 1 contract

Samples: Transition and Separation Agreement (Advanced Energy Industries Inc)

Waiver of Rights Under California Civil Code Section 1542. Executive acknowledges that he has read Section 1542 of the Civil Code of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive understands that for purposes of this Section 2(f), he is considered the “creditor” and the Company is considered the “debtor.” Executive understands that Section 1542 gives him Executive the right not to release existing claims of which he is not now aware, unless he voluntarily chooses to waive this right. Even though Executive is aware of this right, Executive nevertheless hereby voluntarily waives the right described in Section 1542 with respect to the Released Claims, and elects to assume all risks for for, and release, all claims that now exist in his his/her favor, known or unknown, arising from the subject matter of the Releaserelease. Executive acknowledges that different or additional facts may be discovered in addition to what he now knows or believes to be true with respect to the matters herein released, and Executive agrees that this Release Agreement shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any such different or additional facts. Executive represents and warrants that he has not previously filed or joined in any claims that are released herein and that he has not given or sold any portion of any claims released herein to anyone else.

Appears in 1 contract

Samples: Transition and Separation Agreement (Advanced Energy Industries Inc)

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