Common use of Waiver of Unknown Claims Clause in Contracts

Waiver of Unknown Claims. Employee expressly acknowledges that Employee has read and understood the following language contained in Section 1542 of the California Civil Code: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee agrees that the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts.

Waiver of Unknown Claims. It is a further condition of the consideration herein and is the intention of the parties in executing this Agreement that the release of claims shall be effective as a bar to each and every claim, demand and cause of action herein above specified or generically described and, in furtherance of this intention, Employee hereby expressly acknowledges that Employee has read waives any and understood all rights or benefits conferred by the following language contained in provisions of Section 1542 of the California Civil CodeCode and expressly consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions hereinabove specified. Section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED RELEASING PARTY.” But . Thus, for the obligations arising from purposes of making a complete settlement of all claims which you may have or claim to have against the Released Parties, you waive and release any and all claims against the Released Parties, including claims which are unknown and unsuspected as of the Effective Date of this Agreement. You warrant that you have read this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at including the time of signing this AgreementSection 1542 Waiver, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has have had the an opportunity to consult with counsel of your own choosing about this Agreement and specifically about the waiver of section Section 1542 (or other state law of similar effect) Waiver, and that Employee understands you understand this Agreement and the section Section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this AgreementWaiver. Employee acknowledges You acknowledge that Employee you may later discover facts different from or in addition to those Employee you now knows know or believes believe to be true regarding the matters released or described in this Agreement, and even so, Employee so you agrees that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. You assume any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now unknown to you relating thereto. You acknowledge that you have not heretofore assigned or transferred to or purported to assign or transfer to any person or entity the Released Claims or any part or portion thereof, and agree to indemnify and hold harmless the Released Parties from and against any claim, demand, controversy, damage, debt, liability, account, reckoning, obligation, cost, expense, lien, action or cause of action (including the payment of attorneys’ fees and costs actually incurred whether or not litigation commenced) based on, in connection with, or arising out of any assignment or transfer or claimed assignment or transfer thereof.

Waiver of Unknown Claims. Employee expressly acknowledges that Employee has read and understood the following language contained in Section 1542 of the California Civil Code: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY TO HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” But for the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee agrees that the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts.

Waiver of Unknown Claims. Employee expressly acknowledges that Employee has read and understood the following language contained in Section 1542 of the California Civil Code: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER THAT WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee agrees that the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts.

Waiver of Unknown Claims. Employee The Parties hereby agree that this Agreement shall not be subject to any claim of invalidity, fraud, duress, deceit, mistake of law or mistake of fact, and that it accurately expresses the full, final, and complete settlement of the Parties. Each party hereby agrees that it waives and releases all of the claims within the scope of the releases set forth in this Agreement to the fullest extent permitted by law. The Parties may hereafter discover facts other than or different from those that they know, suspect, or believe to be true with respect to the subject matter of the claims released herein, but the Parties hereby expressly acknowledges agree that Employee has read they have waived and understood fully, finally, and forever settled and released any known or unknown, suspected or unsuspected, asserted or unasserted, contingent or non-contingent claim within the following language contained in scope of the claims released herein, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such other or different facts (the "Released Matters"). California Civil Code Section 1542 of the California Civil Code: “provides that "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” But for " Nevertheless, the obligations arising from this AgreementParties hereby expressly and knowingly waive the provisions of California Civil Code Section 1542 and any other similar existing or hereafter existing provision of state, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542federal, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee agrees that the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional factsforeign law.

Waiver of Unknown Claims. Employee Each Seller Member, Seller and the Company expressly acknowledges acknowledge that Employee has read and understood the following language contained in Section 1542 of the California Civil Code: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is Releases are intended to and does include in its effecteffect claims with respect to the Released Matters that such Seller Member, without limitation, all claims Employee Seller or the Company does not know or suspect to exist in Employee’s its favor at as of the time of signing this Agreementdate hereof, and that this Release Agreement extinguishes contemplates the extinguishment of any such claim or claims. Employee warrants With respect to any and all Claims for any Released Matter, each Seller Member, Seller and the Company expressly waive and relinquish, and the other Releasing Parties shall be deemed to have expressly waived and relinquished, any and all provisions, rights and benefits conferred by any Law of any jurisdiction or principle of common law that Employee has consulted counsel and/or has had provides that a general release does not extend to claims that are unknown or unsuspected to the opportunity to consult with counsel about releaser at the time the releaser executes the release. Each Seller Member, Seller and the Company acknowledge that the inclusion of such unknown Claims herein was separately bargained for and was a key element of this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Release Agreement. Employee acknowledges Each Seller Member, Seller and the Company acknowledge, and the other Releasing Parties shall be deemed to have acknowledged, that Employee they may later hereafter discover facts which are different from or in addition to those Employee that they may now knows know or believes believe to be true regarding the matters with respect to any and all Claims (including breach of fiduciary duty) herein released or described in and agree that such unknown Claims are nonetheless released and that this Agreement, and even so, Employee agrees that the releases contained in this Release Agreement shall be and remain effective in all respects notwithstanding any later discovery of any even if such different or additional factsfacts are subsequently discovered.

Waiver of Unknown Claims. Employee It is the intention of each Releasing Party that the releases set forth in Section 2.1 of this Agreement shall be effective as a bar to all liabilities, claims, demands, obligations, damages, actions, causes of action, or suits of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, other than the claims expressly excepted from the scope of Section 2.1 of this Agreement. In furtherance of this intention, each Releasing Party expressly acknowledges that Employee has read and understood the following language contained in such Releasing Party is familiar with Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for DEBTOR. Notwithstanding the obligations arising from fact that this AgreementAgreement is to be interpreted under Nevada law, having reviewed to the extent that (i) California law is applied to this Agreement or (ii) Nevada law contemplates or provides an equivalent provision, Employee nevertheless hereby voluntarily each Releasing Party expressly waives and relinquishes any and all rights or and benefits Employee that such Releasing Party may have under section 1542, Section 1542 of the California Civil Code or any other statutory or non-statutory law of similar effectanalogous provision under Nevada law. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this AgreementNotwithstanding, and that this Agreement extinguishes any in furtherance of the spirit of such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee waiver, each Releasing Party also acknowledges that Employee such Releasing Party may later hereafter discover facts different from or in addition to or different from those Employee which such Releasing Party now knows or believes to be true regarding with respect to the matters released or described in subject matter of this Agreement, or that such Releasing Party may hereafter come to have a different understanding of the law that may apply to potential claims that such Releasing Party is releasing hereunder; however, such Releasing Party affirms that, except as is expressly provided in this Section 2.2 of this Agreement, it is such Releasing Party's intention fully, finally, and even soforever to settle and release any and all Claims whatsoever, Employee agrees known or unknown, suspected or unsuspected, that do now exist, may hereafter exist, or heretofore have existed between such Releasing Party and the other Releasing Party released herein. In furtherance of this intention, each Releasing Party acknowledges that the releases contained as set forth and limited in Section 2.1 of this Agreement shall be and remain effective in all respects effect as full and complete general releases notwithstanding any later the discovery or existence of any such additional facts or different or additional factsunderstandings of law.

Waiver of Unknown Claims. Employee expressly acknowledges In furtherance of the intentions set forth herein, each of Seller Parties acknowledges, for itself and each of the other Releasing Parties, that Employee has read and understood the following language contained in it is familiar with Section 1542 of the Civil Code of the State of California Civil Code(and similar laws of the States of Ohio and Florida and of Japan), which provides as follows: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for general release does not extend to claims which the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee creditor does not know or suspect to exist in Employee’s his favor at the time of signing this Agreementexecuting the release, which if known by him must have materially affected his settlement with the debtor." Each of Seller Parties, for itself and that this Agreement extinguishes each of the other Releasing Parties, hereby waives and relinquishes any such claims. Employee warrants that Employee right or benefit which it has consulted counsel and/or has had or may have under Section 1542 of the opportunity to consult with counsel about this Agreement and specifically about Civil Code of the waiver State of section 1542 (California or other state any similar provision of the statutory or nonstatutory law of similar effect) any other jurisdiction (including without limitation the States of Ohio and Florida and of Japan), to the full extent that Employee understands it may lawfully waive all such rights and benefits pertaining to the section 1542 (or other state law subject matter of similar effect) waiver and freely and knowingly enters into this Agreement. Employee In connection with such waiver and relinquishment, each of Seller Parties acknowledges that Employee it is aware that it or its attorneys or accountants may later hereafter discover claims or facts different from or in addition to or different from those Employee which it now knows or believes to exist with respect to the subject matter of this Agreement or of the Asset Purchase Agreement or the Released Parties, but that it is its intention hereby fully, finally and forever to settle and release, for itself and each of the other Releasing Parties, all of the Released Matters which now exist, may exist or heretofore have existed or which arise on or after the date hereof as to all of the Released Parties. In furtherance of this intention, the release herein given by Seller Parties for themselves and each of the other Releasing Parties shall be true regarding the matters released or described and remain in this Agreementfull force and effect as a full and complete release, and even sooperate as a full release of claims hereafter arising, Employee agrees that notwithstanding the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery or existence of any such additional or different claims or additional facts.

Waiver of Unknown Claims. Employee expressly It is the intention of each Party in accepting the consideration provided for herein and in executing this Agreement that this instrument shall be effective as a full and final accord and satisfaction and release of each and every Released Matter. In furtherance of this intention, each Party acknowledges that Employee it is familiar with, or has read and understood the following language contained in had explained to it, Section 1542 of the California Civil Code, which provides as follows: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” But for the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily " Each Party waives and relinquishes any and all rights every right or benefits Employee benefit which it has or may have under section 1542, Section 1542 of the Civil Code of the State of California (and any statute or any other statutory or non-statutory common law rule of similar effect. Thus, Employee expressly acknowledges this Agreement is intended effect in any State or Territory of the United States) to and does include in its effect, without limitation, all claims Employee does not know the full extent that it may lawfully waive such right or suspect benefit pertaining to exist in Employee’s favor at the time subject matter of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee In connection with such waiver and relinquishment, each Party acknowledges that Employee it is aware that it may later hereafter discover facts different from or in addition to or different from those Employee which each Party now knows or believes to be true regarding with respect to the matters released subject matter of this instrument, but that it is each Party's intention hereby fully, finally and forever to settle and release all Released Matters, disputes and differences, known or described in this Agreementunknown, suspected or unsuspected, which now exist, or heretofore have existed between Simulation Plus’ Releasees and TSRL’s Releasees, and even sothat in furtherance of such intention, Employee agrees that the releases contained in this Agreement given herein shall be and remain effective in all respects effect as a full and complete general release, upon the terms herein, notwithstanding any later the discovery or existence of any such additional or different or additional facts.

Waiver of Unknown Claims. Employee Franchisee hereby expressly acknowledges that Employee has read and understood the following language contained in waives all rights afforded by Section 1542 of the Civil Code of California or any statute or common law principle of similar effect in any jurisdiction with respect to the Releasees (collectively, “Section 1542”). Section 1542 of the Civil CodeCode of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But DEBTOR. Notwithstanding the provisions of Section 1542, and for the obligations arising from this Agreementpurpose of implementing a full and complete release, having reviewed this provision, Employee nevertheless hereby voluntarily Franchisee expressly waives and relinquishes any rights and all rights or benefits Employee that it may have under section Section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges Franchisee understands and agrees that the release contained in this Agreement Article V is intended to include all claims, if any, which Franchisee may have and does include in its effect, without limitation, all claims Employee which Franchisee does not now know or suspect to exist in Employee’s its favor at against the time Releasees and that this release extinguishes those claims. Franchisee represents and warrants to the Releasees that it has been advised by its attorney of signing this Agreementthe effect and import of the provisions of Section 1542, and that Franchisee has not assigned or otherwise transferred or subrogated any interest in any claims, demands or causes of action that are the subject of this Agreement extinguishes release. Franchisee agrees to indemnify, defend and hold the Releasees harmless for any liability, loss, claims, demands, damages, costs, expenses or attorneys’ fees incurred as a result of any person or entity asserting such claimsassignment, transfer or subrogation. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee Franchisee further agrees that in the releases event of litigation relating to the subject matter of this release contained in this Agreement Article VIII, each Releasee shall remain effective be entitled to reasonable attorneys’ fees and costs if it is the prevailing party in all respects notwithstanding any later discovery of any different or additional factssuch litigation.

Waiver of Unknown Claims. Employee To effect a full and complete release as described above, each Party expressly acknowledges that Employee has read waives and understood the following language contained in relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance of such specific waiver of § 1542. Section 1542 of the Civil Code of the State of California Civil Codestates as follows: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral 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, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYwhich if known by him or her must have materially affected his or her settlement with the debtor.” But " Thus, notwithstanding the provisions of Section 1542, and for the obligations arising from this Agreementpurpose of implementing a full and complete release and discharge of RELEASEES, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee each Party expressly acknowledges that this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know known or suspect suspected to exist in Employeethat Party’s favor at the time of signing this Agreement, and that this Agreement extinguishes contemplates the extinguishment of any such claim or claims, except as to the express obligations of RELEASEES as described in this Agreement. Employee Each Party knows of no actions at law or in equity, nor administrative proceedings currently pending, which concern allegations relating to the matters covered hereby or otherwise. Each Party warrants that Employee it has consulted counsel and/or read this Agreement, including this waiver of California Civil Code Section 1542, and that it has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) Section 1542, and that Employee it understands the section Agreement and the Section 1542 (or other state law of similar effect) waiver waiver, and so freely and knowingly enters into this Agreement. Employee Each Party acknowledges that Employee it may later hereafter discover facts different from or in addition to those Employee it now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee each Party agrees that the releases and agreements contained in this Agreement shall be and will remain effective in all respects notwithstanding any later discovery of any such different or additional facts. Each Party hereby assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts which are now unknown to that Party relating to them.

Waiver of Unknown Claims. Employee expressly acknowledges that Employee has read Without limiting the foregoing, with respect to the Released Claims, Plaintiff, for himself and understood as the following language contained in Section 1542 representative of the Settlement Class, and on behalf of each Settlement Class Member who has not timely opted out and all Releasing Parties, shall expressly waive, and each Settlement Class Member and Releasing Party shall be deemed to have waived, and by operation of the judgment of the Court shall have expressly waived, any and all claims, rights, or benefits they may have under California Civil CodeCode § 1542 and any similar federal or state law, right, rule, or legal principle that may be applicable. The Parties agree and acknowledge that this waiver is an essential term of this Agreement. California Civil Code § 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for DEBTOR. Plaintiff understands and acknowledges the obligations arising from this Agreementsignificance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, having reviewed this provisioncase law, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542rules, or any other statutory regulations relating to limitations on releases as they relate to the Released Claims only. In connection with such waivers and relinquishment, Plaintiff acknowledges that he is aware that he may hereafter discover facts in addition to, or non-statutory law of similar effect. Thusdifferent from, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not those facts that they now know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes believe to be true regarding with respect to the matters released or described in this Agreementsubject matter of the settlement, but that it is his intention to release fully, finally, and even soforever all Released Claims, Employee agrees that and in furtherance of such intention, the releases contained of the Released Claims as to Plaintiff will be and remain in this Agreement shall remain effective in all respects effect notwithstanding any later the discovery or existence of any such additional or different or additional facts.

Waiver of Unknown Claims. Employee expressly acknowledges that Employee has read Except as otherwise excepted under or excluded from Paragraphs 5 and understood 5A above, this is a full and final release covering all unsuspected, unknown, undisclosed and unanticipated losses, wrongs, injuries, debts, claims or damages to the following language contained GreenPoint Entities and you which may have arisen, or may arise from any act or omission prior to the effective date of this Agreement, and which arise out of or are related, directly or indirectly, to the dealings between the GreenPoint Entities and you prior to the effective date of this Agreement. Therefore, the GreenPoint Entities and you waive any and all rights or benefits which the GreenPoint Entities and you may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral release does not extend to claims, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for which the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee creditor does not know or suspect to exist in Employee’s his favor at the time of signing executing the release, which if known by him must have materially affected his settlement with the debtor. The GreenPoint Entities and you acknowledge that the GreenPoint Entities and you have read this Agreement, including the waiver of California Civil Code Section 1542, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the GreenPoint Entities and you have been provided the opportunity to consult with counsel, and did consult with counsel chosen by the GreenPoint Entities and you, about this Agreement and specifically about the waiver of section Section 1542, that the GreenPoint Entities and you understand this Agreement and the Section 1542 (or other state law of similar effect) waiver, and that Employee understands the section 1542 (or other state law of similar effect) waiver and so freely and knowingly enters enter into this Agreement. Employee acknowledges The GreenPoint Entities and you acknowledge that Employee the GreenPoint Entities and you may later hereafter discover facts different from or in addition to those Employee the GreenPoint Entities and you know or now knows or believes believe to be true regarding with respect to the matters released or described in this Agreement, Agreement and even so, Employee agrees the GreenPoint Entities and you agree that the releases and agreements contained in this Agreement herein shall be and will remain effective in all respects notwithstanding any later discovery of any such different or additional facts. The GreenPoint Entities and you hereby assume any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described herein or with regard to any facts, which are now unknown to the GreenPoint Entities and you relating hereto.

Waiver of Unknown Claims. Employee Except for those obligations created by or ------------------------ arising out of this Agreement and except as limited in this Agreement, it is the intention of Executive and the Company in executing this Agreement that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, the parties hereby expressly acknowledges that Employee has read waive any and understood all rights and benefits conferred upon them by the following language contained in provisions of Section 1542 of the California Civil CodeCode and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. Section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW KNOWN OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for DEBTOR. Executive and the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights Company each acknowledge that each may hereafter discover claims or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to or different from those Employee which each now knows or believes to be true regarding exist with respect to the matters released subject matter of this Agreement and which, if known or described in suspected at the time of executing this Agreement, and even somay have materially affected this settlement. Each hereby waives any right, Employee agrees claim or cause of action that the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery might arise as a result of any such different or additional claims or facts. Executive and the Company each acknowledge that each understands the significance and consequence of such release and such specific waiver of Section 1542, which have been explained to them by their respective counsel.

Waiver of Unknown Claims. Employee It is a further condition of the consideration herein and is the intention of Herzog and the Company in executing this instrument that the same shxxx xx effective as a bar to each and every claim, demand, and cause of action hereinabove specified and, in furtherance of this intention, Herzog and the Company hereby expressly acknowledges waive any and all rights or xxxxxxts conferred by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE and/or any similar rule of law adopted by statute or otherwise in any other of the United States and expressly consents that Employee has read this Agreement shall be given full force and understood the following language contained in effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actions, if any, as well as those relating to any other claims, demands and causes of actions hereinabove specified. Section 1542 of the California Civil CodeCode provides: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” But for " Herzog and the obligations arising Company acknowledge that they may hereafter discover xxxxxx or facts in addition to or different from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights those which they now know or benefits Employee may have under section 1542, or any other statutory or non-statutory law believe to exist with respect to the subject matter of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effectwhich, without limitation, all claims Employee does not know if known or suspect to exist in Employee’s favor suspected at the time of signing executing this Agreement, might have materially affected this settlement. Nonetheless, Herzog and that this Agreement extinguishes the Company hereby waive any right, claim or causes of acxxxx xhat might arise as a result of such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee agrees that the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional claims or facts. Herzog and the Company hereby acknowledge that they understand the sxxxxxxcance and consequence of such release and such specific waiver of SECTION 1542.

Waiver of Unknown Claims. Employee To affect a full and complete release as described above, each Party expressly acknowledges that Employee has read waives and understood the following language contained in relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance of such specific waiver of § 1542. Section 1542 of the Civil Code of the State of California Civil Codestates as follows: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral 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, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYwhich if known by him or her must have materially affected his or her settlement with the debtor.” But " Thus, notwithstanding the provisions of Section 1542, and for the obligations arising from this Agreementpurpose of implementing a full and complete release and discharge of RELEASEES, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee each Party expressly acknowledges that this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know known or suspect suspected to exist in Employeethat Party’s favor at the time of signing this Agreement, and that this 7 Agreement extinguishes contemplates the extinguishment of any such claim or claims, except as to the express obligations of RELEASEES as described in this Agreement. Employee Each Party knows of no actions at law or in equity, nor administrative proceedings currently pending, which concern allegations relating to the matters covered hereby or otherwise. Each Party warrants that Employee it has consulted counsel and/or read this Agreement, including this waiver of California Civil Code Section 1542, and that it has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) Section 1542, and that Employee it understands the section Agreement and the Section 1542 (or other state law of similar effect) waiver waiver, and so freely and knowingly enters into this Agreement. Employee Each Party acknowledges that Employee it may later hereafter discover facts different from or in addition to those Employee it now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee each Party agrees that the releases and agreements contained in this Agreement shall be and will remain effective in all respects notwithstanding any later discovery of any such different or additional facts. Each Party hereby assumes any and all risk of any mistake in connection with the true facts involved in the matters, disputes, or controversies described in this Agreement or with regard to any facts which are now unknown to that Party relating to them.

Waiver of Unknown Claims. It is further understood and agreed by Employee that as a condition of this Agreement, he hereby expressly acknowledges waives and relinquishes any and all claims, rights or benefits that Employee has read and understood the following language contained in Section 1542 of the he may have under California Civil CodeCode Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY CREATOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT RELEASE WHICH IF KNOWN BY HIM OR HER WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” But for the obligations arising from this AgreementBEING AWARE OF SAID CODE SECTION, having reviewed this provisionEMPLOYEE HEREBY EXPRESSLY WAIVES ANY RIGHTS HE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT OF ANY OTHER JURISDICTION. In connection with such waiver and relinquishment, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights acknowledges that he may hereafter discover claims or benefits Employee may have under section 1542facts in addition to, or any other statutory or non-statutory law of similar effect. Thusdifferent from, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee which he now knows or believes to be true regarding exist, but that, except as otherwise prohibited by law, he expressly agrees to fully, finally, and forever settle and release any and all claims, known or unknown, suspected or unsuspected, which exist or may exist on his behalf at the matters released or described in time of execution of this Agreement, including, but not limited to, any and even soall claims relating to or arising from his employment with Employer or the cessation of that employment. Employee further acknowledges, Employee understands and agrees that the releases contained in this representation and commitment is essential to each Party and that this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional factswould not have been entered into were it not for these representations and commitments.

Waiver of Unknown Claims. Employee expressly acknowledges that Employee has read and understood the following language contained in Section 1542 of the California Civil Code: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, AND THAT IF KNOWN BY TO HIM OR HER THAT WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” But for the obligations arising from this Agreement, having reviewed this provision, Employee nevertheless hereby voluntarily waives and relinquishes any and all rights or benefits Employee may have under section 1542, or any other statutory or non-statutory law of similar effect. Thus, Employee expressly acknowledges this Agreement is intended to and does include in its effect, without limitation, all claims Employee does not know or suspect to exist in Employee’s favor at the time of signing this Agreement, and that this Agreement extinguishes any such claims. Employee warrants that Employee has consulted counsel and/or has had the opportunity to consult with counsel about this Agreement and specifically about the waiver of section 1542 (or other state law of similar effect) and that Employee understands the section 1542 (or other state law of similar effect) waiver and freely and knowingly enters into this Agreement. Employee acknowledges that Employee may later discover facts different from or in addition to those Employee now knows or believes to be true regarding the matters released or described in this Agreement, and even so, Employee agrees that the releases contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts.