Waiver of Unknown Claims. In connection with this Release, and subject to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee and the Employer Released Parties, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said Section 1542 of the California Civil Code reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE 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 DEBTOR.
Appears in 3 contracts
Samples: Employment Agreement (Cronos Group), Employment Agreement (Cronos Group), Employment Agreement (Cronos Group)
Waiver of Unknown Claims. In connection with this ReleaseWithout limiting the foregoing, and subject the Released Claims specifically extend to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges claims that he Plaintiffs do not know or she is aware suspect to exist in their favor at the time that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee settlement and the Employer Released Partiesreleases contained therein become effective. This Section constitutes a waiver, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect without limitation as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said applicable law, of Section 1542 of the California Civil Code reads as followsCode, which provides: 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 MUST OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTORTHE DEBTOR OR RELEASED PARTY. Plaintiffs understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiffs acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the settlement, but that it is their intention to release fully, finally and forever all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts. This waiver of Section 1542 shall not be construed to apply to unnamed Class Members, only to the named Plaintiffs.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Waiver of Unknown Claims. In connection with this ReleaseWithout limiting the foregoing, the Released Claims specifically extend to claims that Plaintiff and subject Settlement Class Members do not know or suspect to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges exist in their favor at the time that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee Settlement and the Employer Released Partiesreleases contained therein become effective. This Section constitutes a waiver, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect without limitation as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said applicable law, of Section 1542 of the California Civil Code reads as followsCode, which provides: 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. Plaintiff and Settlement Class Members understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiff and the Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally and forever all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Waiver of Unknown Claims. In connection with this Release, and subject to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee Each Seller and the Employer Released Parties, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be Company expressly ------------------------ waives and shall remain in effect as full relinquishes all rights and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of afforded by Section 1542 of the Civil Code of the State of California ("Section 1542"), and any statute, rule or regulation of any other analogous state or federal law relevant jurisdiction similar in nature to Section 1542, and do so understanding and acknowledging the significance of such specific waiver of Section 1542 and such other statute, rule or regulation. Said Section 1542 of the California Civil Code reads of the State of California states as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE 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." Thus, notwithstanding the provisions of Section 1542 and any statute, rule or regulation of any other relevant jurisdiction similar in nature to Section 1542, and for the purpose of implementing a full and complete release and discharge of all those released by this Agreement, each of the Sellers and the Company expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims which such party does not know or suspect to exist in its favor at the time of execution hereof, and that this Agreement contemplates the extinguishment of any such claims. Each of the parties hereto acknowledge that they have expressly bargained for the foregoing waiver of the provisions of Section 1542 and any statute, rule or regulation of any other relevant jurisdiction similar in nature to Section 1542.
Appears in 1 contract
Samples: Partnership Interest and Share Purchase Agreement (Trikon Technologies Inc)
Waiver of Unknown Claims. In connection with this ReleaseWithout limiting the foregoing, the Released Claims specifically extend to claims that Plaintiffs and subject Settlement Class Members do not know or suspect to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges exist in their favor at the time that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee Settlement and the Employer Released Partiesreleases contained therein become effective. This Section constitutes a waiver, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect without limitation as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said applicable law, of Section 1542 of the California Civil Code reads as followsCode, which provides: 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. Plaintiffs and Settlement Class Members understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules, or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiffs and Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally, and forever all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
Appears in 1 contract
Samples: www.baillonthome.com
Waiver of Unknown Claims. In connection with Each of the parties hereto expressly understands and agrees that this ReleaseAgreement fully and finally releases and forever resolves the Claims released and discharged in Paragraphs 1 and 2, and subject to exceptions (a)-(f) including those which may be unknown, unanticipated and/or unsuspected. Each of Section 1 of this Release, Employee the parties hereto acknowledges that he or she it is aware that he it or she its agents or employees may later hereafter discover facts in addition to or different from those which he or she currently it now knows or believes to be true exist with respect to the subject matters matter of this ReleaseAgreement, but that it is Employee’s his/its intention hereby fully, finally, finally and forever, forever to settle and release all of these matters the Claims, disputes and differences known or unknown, anticipated or unanticipated, suspected or unsuspected, which now exist, may exist, exist or previously heretofore have existed between Employee and or among the Employer Released Partiesparties, whether known except as otherwise expressly provided herein. Upon the advice of legal counsel, each of the parties hereto hereby expressly waives all benefits under California Civil Code Section 1542, as well as under any other statutes or unknowncommon law principles of similar effect in California or any other jurisdiction, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the extent that such benefits of may contravene the provisions of Section 1542 Paragraphs 1 and 2 of this Agreement. Each of the Civil Code of the State of California parties hereto acknowledges that it has read and any other analogous state or federal law or regulation. Said Section 1542 of the understands California Civil Code reads Section 1542, 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.
Appears in 1 contract
Samples: Settlement Agreement and Releases (Clean Diesel Technologies Inc)
Waiver of Unknown Claims. In connection Section 1542. Executive intends to fully waive and release all claims against Employer; therefore, he expressly understands and hereby agrees that this Release is intended to cover, and does cover, not only all known injuries, losses or damages, but any injuries. losses or damages that he does not now know about or anticipate, but that might later develop or be discovered, including the effects and consequences of those injuries, losses or damages. Executive expressly waives the benefits of and right to relief under California Civil Code Section 1542 ("Section 1542"), or any similar statute or comparable common law doctrine in any jurisdiction. Section 1542 provides: Section 1542. (General Release-Claims Extinguished) A general release does not extend to claims 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, would have materially affected his or her settlement with the debtor or released party.. Executive understands and acknowledges the significance and consequences of this specific waiver of Section I 542 and, having had the opportunity to consult with legal counsel, hereby knowingly and voluntarily waives and relinquishes any rights and/or benefits which he may have thereunder. Without limiting the generality of the foregoing, Executive acknowledges that by accepting the benefits and payments offered in exchange for this Release, he assumes and subject to exceptions (a)-(f) of Section 1 of waives the risks that the facts and the law may be other than he believes and that, after signing this Release, Employee acknowledges he may discover losses or claims that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of are released under this Release, but that it is Employee’s intention hereby fully, finallyare presently unknown to him, and forever, he understands and agrees that this Release shall apply to settle and release all of these matters which now exist, may exist, any such losses or previously existed between Employee and the Employer Released Parties, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said Section 1542 of the California Civil Code reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE 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 DEBTORclaims.
Appears in 1 contract
Samples: Separation and Release Agreement (Colony Capital, Inc.)
Waiver of Unknown Claims. In connection with this Release, and subject to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with With respect to the subject matters of claims released by this General Release, but that it is Employee’s intention hereby fully, finally, Plaintiff and foreverDefendants expressly waive and relinquish, to settle the fullest extent permitted by law, the provisions, rights and release all of these matters which now existbenefits afforded by any statute, may existrule, doctrine, or previously existed between Employee and the Employer Released Partiescommon law principle of any jurisdiction whatsoever that provides that a general release does not extend to unknown claims, whether known or unknownincluding without limitation, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said Section section 1542 of the California Civil Code reads as followsCode, which provides: 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. Plaintiff and Defendants hereby expressly and voluntarily waive the rights detailed above, and elect to assume all risks for claims that now exist in their favor, whether known or unknown. Accordingly, this General Release includes within its effect claims and causes of action which I do not know or suspect to exist in my favor at the time of their execution hereof, and if the facts relating in any manner to Plaintiff’s employment with Defendants and/or to the claims asserted in the Action are hereafter found to be other than or different from the facts now believed to be true, this General Release shall remain effective.
Appears in 1 contract
Samples: Proposed Agreement
Waiver of Unknown Claims. In connection with this Releasefurtherance of the intentions set forth herein, JEC acknowledges, for itself and subject to exceptions (a)-(f) each of Section 1 of this Releasethe other Releasing Parties, Employee acknowledges that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee and the Employer Released Parties, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of familiar with Section 1542 of the Civil Code of the State of California (and similar laws of Japan), which provides as follows: "A general release does not extend to claims which the 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." JEC, for itself and each of the other Releasing Parties, hereby waives and relinquishes any other analogous state right or federal law benefit which it has or regulation. Said may have under Section 1542 of the California Civil Code reads of the State of California or any similar provision of the statutory or nonstatutory law of any other jurisdiction (including without limitation Japan), to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. In connection with such waiver and relinquishment, JEC acknowledges that it is aware that it or its attorneys or accountants may hereafter discover claims or facts in addition to or different from those 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 follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASEto all of the Released Parties. In furtherance of this intention, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTORthe release herein given by JEC, for itself and each of the other Releasing Parties, shall be and remain in full force and effect as a full and complete release, and operate as a full release of claims hereafter arising, notwithstanding the discovery or existence of any such additional or different claims or facts.
Appears in 1 contract
Samples: Jec Inducement Agreement (Encore Computer Corp /De/)
Waiver of Unknown Claims. In connection with this ReleaseWithout limiting the foregoing, and subject the Released Claims specifically extend to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges claims that he Plaintiffs do not know or she is aware suspect to exist in their favor at the time that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee Settlement and the Employer Released Partiesreleases contained therein become effective. This Section constitutes a waiver, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect without limitation as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said applicable law, of Section 1542 of the California Civil Code reads as followsCode, which provides: 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. Plaintiffs understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiffs acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally and forever all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
Appears in 1 contract
Waiver of Unknown Claims. In connection with this ReleaseWithout limiting the foregoing, the Released Claims specifically extend to claims that Plaintiff and subject Settlement Class Members do not know or suspect to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges exist in their favor at the time that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee Settlement and the Employer Released Partiesreleases contained therein become effective. This Section constitutes a waiver, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect without limitations as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said applicable law, of Section 1542 of the California Civil Code reads as followsCode, which provides: 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. Plaintiff and Settlement Class Members understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiff and the Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally, and forever, all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be, and remain, in effect, notwithstanding the discovery or existence of any such additional or different facts.
Appears in 1 contract
Samples: Exhibit 1
Waiver of Unknown Claims. In connection with this ReleaseWithout limiting the foregoing, the Released Claims specifically extend to claims that Plaintiff and subject Settlement Class Members do not know or suspect to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges exist in their favor at the time that he or she is aware that he or she may later discover facts in addition to or different from those which he or she currently knows or believes to be true with respect to the subject matters of this Release, but that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed between Employee Settlement and the Employer Released Partiesreleases contained therein become effective. This Section constitutes a waiver, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the releases given herein shall be and shall remain in effect without limitations as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this Release, Employee specifically waives the benefits of the provisions of Section 1542 of the Civil Code of the State of California and any other analogous state or federal law or regulation. Said applicable law, of Section 1542 of the California Civil Code reads as followsCode, which provides: 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. Plaintiff and Settlement Class Members understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiff and the Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally, and forever, all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be, and remain in effect, notwithstanding the discovery or existence of any such additional or difference facts.
Appears in 1 contract
Samples: Settlement Agreement and Release
Waiver of Unknown Claims. In connection with this ReleaseEmployee understands and agrees that the claims released in Paragraph 4 above include not only claims presently known to Employee, but also include all unknown or unanticipated claims, complaints, rights, suits and subject to exceptions (a)-(f) actions of Section 1 every kind and character that would otherwise come within the scope of this Release, the released claims as described in Paragraph 4. Employee acknowledges understands that he or she is aware that he or she Employee may later hereafter discover facts in addition to or different from those which he or she currently knows or what Employee now believes to be true with respect to the subject matters of true, which if known, could have materially affected this ReleaseAgreement, but Employee nevertheless waives any claims or rights based on different or additional facts. Employee knowingly and voluntarily waives any and all rights or benefits that it is Employee’s intention hereby fully, finally, and forever, to settle and release all of these matters which Employee may now exist, may existhave, or previously existed between Employee and in the Employer Released Parties, whether known or unknown, suspected or unsuspectedfuture may have against the Company. In furtherance of such intent, the releases given herein shall be and shall remain in effect as full and complete releases, notwithstanding the discovery or existence of such additional or different facts. In this regard, and subject to the exceptions (a)-(f) of Section 1 of this ReleaseBy signing below, Employee specifically waives the expressly waive any benefits of the provisions of Section 1542 of the Civil Code of the State of California and (or analogous statute(s) from any other analogous state or federal law or regulation. Said Section 1542 of the California Civil Code reads state) 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 MUST OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTORTHE DEBTOR OR RELEASED PARTY.”
Appears in 1 contract