Waiver of Unknown Claims. Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil Code 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.” Each of the Parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code or any similar provision under the statutory or non-statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts.
Appears in 11 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Waiver of Unknown Claims. Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil Code which provides as follows: “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, which if known by him or her must her, would have materially affected his or her settlement with the debtordebtor or released party.” Each of the Parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code or any similar provision under the statutory or non-statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Waiver of Unknown Claims. Each of the Parties acknowledges that it is they are familiar with Section 1542 of California Civil Code 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.” . Each of the Parties parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code or any similar provision under the statutory or non-non statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefitsbenefits pertaining to the claims in this Settlement. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement Settlement and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts.
Appears in 1 contract
Samples: Settlement Agreement