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

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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: 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 she has read Section 1542 of the Civil Code of the State of California, which provides as follows: 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: General Release and Post Separation Consulting Agreement (Hyperion Therapeutics Inc)

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