Common use of Waiver of Statutory Benefits Clause in Contracts

Waiver of Statutory Benefits. The Obligors intend that, to the extent permitted by applicable law, the foregoing release shall be effective as a full and final accord and satisfaction of Released Claims, and each Obligor hereby agrees, represents and warrants that, to the extent permitted by applicable law, the matters released herein are not limited to matters which are known or disclosed. In this connection, each Obligor hereby agrees, represents and warrants that it realizes and acknowledges that (a) factual matters now existing and unknown to it may have given or may hereafter give rise to Released Claims which are presently unknown, unsuspected, unliquidated, unmatured and/or contingent, (b) such Released Claims may be unknown, unsuspected, unliquidated, unmatured and/or contingent due to ignorance, oversight, error, negligence or otherwise, and (c) if such Released Claims had been known, suspected, liquidated, matured and/or unconditional, such Obligor's decision to enter into this release may have been materially affected. Each Obligor further agrees, represents and warrants that this release has been negotiated and agreed upon in view of these realizations. Nevertheless, each Obligor hereby intends, to the extent permitted by applicable law, to release, discharge, and acquit the Lender Group of and from any such unknown, unsuspected, unliquidated, unmatured and/or contingent Released Claims which are in any way set forth in or related to the matters identified hereinabove. EACH OBLIGOR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXPLICITLY WAIVES ALL RIGHTS UNDER AND ANY BENEFITS OF ANY COMMON LAW OR STATUTORY RULE OR PRINCIPLE WITH RESPECT TO THE RELEASE OF SUCH CLAIMS, INCLUDING, WITHOUT LIMITATION, SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A 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. EACH OBLIGOR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AGREES THAT NO SUCH COMMON LAW OR STATUTORY RULE OR PRINCIPLE, INCLUDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE, SHALL AFFECT THE VALIDITY OR SCOPE OR ANY OTHER ASPECT OF THIS RELEASE.

Waiver of Statutory Benefits. The Obligors parties intend that, to the extent permitted by applicable law, that the foregoing release releases shall be effective as a full and final accord and satisfaction of Released Claims, and each Obligor of the parties hereby agrees, represents and warrants that, to the extent permitted by applicable law, that the matters released herein are not limited to matters which are known or disclosed. In this connection, each Obligor of the parties hereby agrees, represents and warrants that it realizes and acknowledges that (a) factual matters now existing and unknown to it may have given or may hereafter give rise to Released Claims which are presently unknown, unsuspected, unliquidated, unmatured and/or contingent, (b) such Released Claims may be unknown, unsuspected, unliquidated, unmatured and/or contingent due to ignorance, oversight, error, negligence or otherwise, and (c) if such Released Claims had been known, suspected, liquidated, matured and/or unconditional, such Obligorparty's decision to enter into this release may have been materially affected. Each Obligor party further agrees, represents and warrants that this release has been negotiated and agreed upon in view of these realizations. Nevertheless, each Obligor party granting a release hereby intends, to the extent permitted by applicable law, intends to release, discharge, and acquit the Lender Group parties receiving a release of and from any such unknown, unsuspected, unliquidated, unmatured and/or contingent Released Claims which are in any way set forth in or related to the matters identified hereinabove. EACH OBLIGOR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTY HEREBY EXPLICITLY WAIVES ALL RIGHTS UNDER AND ANY BENEFITS OF ANY COMMON LAW OR STATUTORY RULE OR PRINCIPLE WITH RESPECT TO THE RELEASE OF SUCH CLAIMS, INCLUDING, WITHOUT LIMITATION, SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A 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. EACH OBLIGOR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTY AGREES THAT NO SUCH COMMON LAW OR STATUTORY RULE OR PRINCIPLE, INCLUDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE, SHALL AFFECT THE VALIDITY OR SCOPE OR ANY OTHER ASPECT OF THIS RELEASE.

Waiver of Statutory Benefits. The Obligors intend that, to the extent permitted by applicable lawExcept as provided in paragraph 1.4 above, the parties intend that the foregoing release shall be effective as a full and final accord and satisfaction of Released Claimsall Claims hereby released and, and each Obligor of the Parties hereby agrees, represents and warrants that, to the extent permitted by applicable law, that the matters released herein are not limited to matters which are known or disclosed. In this connection, each Obligor of the Parties hereby agrees, represents and warrants that it realizes and acknowledges that (a) factual matters now existing and unknown to it may have given or may hereafter give rise to Released Claims which are presently unknown, unsuspected, unliquidated, unmatured and/or contingent, (b) such Released Claims may be unknown, unsuspected, unliquidated, unmatured and/or contingent due to ignorance, oversight, error, negligence or otherwise, and (c) if such Released Claims had been known, suspected, liquidated, matured and/or unconditional, such Obligorparty's decision to enter into this release may have been materially affected. Each Obligor party further agrees, represents and warrants that this release has been negotiated and agreed upon in view of these realizations. Nevertheless, except as provided in paragraph 1.4 above, each Obligor party granting a release hereby intends, to the extent permitted by applicable law, intends to release, discharge, and acquit the Lender Group parties receiving a release of and from any such unknown, unsuspected, unliquidated, unmatured and/or contingent Released Claims which are in any way set forth in or related to the matters identified hereinabove. EACH OBLIGOR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTY HEREBY EXPLICITLY WAIVES ALL RIGHTS UNDER AND ANY BENEFITS OF ANY COMMON LAW OR STATUTORY RULE OR PRINCIPLE WITH RESPECT TO THE RELEASE OF EXECUTION COPY SUCH CLAIMS, INCLUDING, WITHOUT LIMITATION, SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A 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. EACH OBLIGOR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTY AGREES THAT NO SUCH COMMON LAW OR STATUTORY RULE OR PRINCIPLE, INCLUDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE, SHALL AFFECT THE VALIDITY OR SCOPE OR ANY OTHER ASPECT OF THIS RELEASE.

Waiver of Statutory Benefits. The Obligors intend that, to It is the extent permitted by applicable lawintent of the parties that except as otherwise set forth herein, the foregoing release shall be effective as a full and final accord and satisfaction of Released Claims, all claims hereby released and each Obligor of the parties hereto hereby agrees, represents and warrants that, to the extent permitted by applicable law, that the matters released herein are not limited to matters which are known or disclosed. In this connection, each Obligor of the parties hereto hereby agrees, represents and warrants that it realizes and acknowledges that (a) factual matters now existing and unknown to it may have given or may hereafter give rise to Released Borrower Claims or Lender Claims, as applicable, which are presently unknown, unsuspected, unliquidated, unmatured and/or contingent, (b) such Released Claims may be unknown, unsuspected, unliquidated, unmatured and/or contingent due to ignorance, oversight, error, negligence or otherwise, and (c) if such Released Claims had been known, suspected, liquidated, matured and/or unconditional, such Obligor's decision to enter into this release may have been materially affected. Each Obligor it further agrees, represents and warrants that this release has been negotiated and agreed upon in view of these realizationsthat realization. Nevertheless, each Obligor party hereto hereby intends, to the extent permitted by applicable law, intends to release, discharge, discharge and acquit the Lender Group Parties or Borrower Parties, as applicable, of and from any such unknown, unsuspected, unliquidated, unmatured and/or contingent Released Borrower Claims or Lender Claims, as applicable, which are in any way set forth in or related to the matters identified hereinabove. EACH OBLIGOREach of the parties hereto hereby explicitly waives the benefits of any common law or statutory rule with respect to the release of such Borrower Claims or Lender Claims, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXPLICITLY WAIVES ALL RIGHTS UNDER AND ANY BENEFITS OF ANY COMMON LAW OR STATUTORY RULE OR PRINCIPLE WITH RESPECT TO THE RELEASE OF SUCH CLAIMS, INCLUDING, WITHOUT LIMITATION, SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A 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. EACH OBLIGOR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AGREES THAT NO SUCH COMMON LAW OR STATUTORY RULE OR PRINCIPLE, INCLUDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE, SHALL AFFECT THE VALIDITY OR SCOPE OR ANY OTHER ASPECT OF THIS RELEASEas applicable.