Common use of Waiver of Unknown Claims Clause in Contracts

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.

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.

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.

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.

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.

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.

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.

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.

Waiver of Unknown Claims. In connection with Releasing Parties hereby warrant, represent and agree that: (i) unknown losses or claims could possibly exist and present losses may have been underestimated in amount or severity; (ii) they have explicitly taken that into account in entering into this ReleaseAgreement, and subject a portion of the consideration and the mutual covenants contained herein have been bargained for between the Parties, with the knowledge of the possibility of such unknown claims and losses; and (iii) the Individual Settlement Payments provided to exceptions them were given in exchange for a full accord, satisfaction, and discharge of all Released Claims. Consequently, each Releasing Party expressly waives, and is conclusively deemed to have waived, all rights under California Civil Code Section 1542, which provides: Each Releasing Party expressly waives, and is conclusively deemed to have waived, all rights under any similar federal or state statute or regulation. Each Releasing Party acknowledges and agrees that: (a)-(fi) of Section 1 he, she or it understands and appreciates the significance of this Releasewaiver of California Civil Code Section 1542 and/or of any other applicable law relating to limitations on releases; and (ii) notwithstanding that he, Employee acknowledges that he she or she is aware that he or she it may later hereafter discover facts in addition to to, or different from from, those facts which he he, she or she currently it now knows or believes to be true with respect to the subject matters matter of this ReleaseAgreement, but that it is Employee’s his, her or its intention hereby to release fully, finallyfinally and forever all Released Claims, and forever, to settle dismiss with prejudice the Action; 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 (iii) in furtherance of such intentintention, the releases given herein shall release of all Released Claims will be and shall remain in effect as full and complete releases, notwithstanding the discovery or existence of any 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.

Waiver of Unknown Claims. The Parties are aware that they may have claims of which they have no present knowledge or suspicion. Having taken into account such a possibility in entering into this Agreement, the mutual general release set forth in Section 3 of this Agreement shall constitute full and final release by the Parties of any unknown claim or claims and expressly waives any right or claim of right to assert hereafter that any claim has, through oversight or error, been omitted from the Creditor Claims. Accordingly, the Parties expressly waive any rights or benefits which they otherwise might have under California Civil Code Section 1542, and any other statutory or nonstatutory law of any jurisdiction that is similar in wording, import, or effect to California Civil Code Section 1542. California Civil Code Section 1542 provides as follows: In connection with this Releasesuch waiver and relinquishment, and subject to exceptions (a)-(f) of Section 1 of this Release, Employee acknowledges the Parties acknowledge that he or she is they are aware that he they or she their attorneys, accountants, or agents may later hereafter discover claims or facts in addition to or different from those which he they now know or she currently knows or believes believe to be true exist with respect to the subject matters matter of this ReleaseAgreement, but that it is Employee’s intention nonetheless, they intend hereby fully, finally, and forever, forever to settle and release all of these matters which now exist, may exist, or previously existed between Employee and the Employer Released Partiesbeing released herein, whether known or unknown, suspected or unsuspected, which now exist or may heretofore have existed. In furtherance of such intentthe intentions of the Parties, the releases mutual general release given herein in Section 3 of this Agreement by the Parties shall be and shall remain in effect as a full and complete releases, mutual general release notwithstanding the discovery or existence of such any additional or different facts. In this regard, and subject to claims or facts or the exceptions (a)-(f) failure of Section 1 of this Release, Employee specifically waives any consideration or promises between or among 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 DEBTORParties.