Common use of Waiver of Statutory Limitations on Releases Clause in Contracts

Waiver of Statutory Limitations on Releases. Each of the releasing parties in each of the releases contained herein expressly acknowledges that, although ordinarily a release may not extend to claims which the releasing party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, they have carefully considered and taken into account in determining to enter into the above releases the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each releasing party expressly waives any and all rights conferred upon it by any statute or rule of law which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it may have materially affected its settlement with the released party, including, without limitation, the provisions of California Civil Code section 1542. The releases contained herein are effective regardless of whether matters released thereby are presently known or unknown, suspected or unsuspected, foreseen or unforeseen.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Waiver of Statutory Limitations on Releases. Each of the releasing parties Releasing Party in each of the releases contained herein in this Plan expressly acknowledges that, that although ordinarily a general release may not extend to claims which Claims that the releasing party Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, they have each Releasing Party has carefully considered and taken into account in determining to enter into the above releases the possible existence of such unknown losses or claimsClaims. Without limiting the generality of the foregoing, each releasing party Releasing Party expressly waives any and all rights conferred upon it by any statute or rule of law which that provides that a release does not extend to claims which Claims that the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it may have materially affected its settlement with the released partyReleased Party, including, without limitation, including the provisions of California Civil Code section Section 1542. The releases contained herein in this Plan are effective regardless of whether those released matters released thereby are presently known or known, unknown, suspected or unsuspected, foreseen or unforeseen.

Appears in 1 contract

Samples: Plan Support Agreement (Diamond Offshore Drilling, Inc.)

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Waiver of Statutory Limitations on Releases. Each of the releasing parties party in each of the releases contained herein in the Plan (including under Article X of the Plan) expressly acknowledges that, that although ordinarily a general release may not extend to claims which the releasing party does not know or suspect to exist in its his favor, which if known by it may have materially affected its settlement with the party released, they have each releasing party has carefully considered and taken into account in determining to enter into the above releases the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each releasing party expressly waives any and all rights conferred upon it by any statute or rule of law which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it may have materially affected its settlement with the released party, including, without limitation, including the provisions of California Civil Code section Section 1542. The releases contained herein in Article X of the Plan are effective regardless of whether those released matters released thereby are presently known or known, unknown, suspected or unsuspected, foreseen or unforeseen.

Appears in 1 contract

Samples: Restructuring Support Agreement (Breitburn Energy Partners LP)

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