Waiver Under Section 1542 of the California Civil Code. Executive, for Executive’s predecessors, successors and assigns, hereby waives all rights which Executive may have under Section 1542 of the Civil Code of the State of California, which 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 the debtor. This waiver is not a mere recital but is a knowing waiver of the rights and benefits otherwise available under said Section 1542.
Waiver Under Section 1542 of the California Civil Code. For the purpose of implementing a full and complete release, Employee understands and agrees that this Agreement is intended to include all claims, if any, which Employee may have and which Employee does not now know or suspect to exist in his or her favor against the Released Parties and this Agreement extinguishes those claims. Accordingly, Employee expressly waives all rights afforded by Section 1542 of the Civil Code of the State of California ("Section 1542") and any similar statute or regulation in any other applicable jurisdiction. Section 1542 states as follows:
Waiver Under Section 1542 of the California Civil Code. It is the intention of the Parties, in entering into the mutual general releases described hereinabove that the foregoing mutual general releases shall be effective as a bar to the actions, causes of action, suits, claims or demands of every kind, nature or character whatsoever, known or' unknown, suspected or unsuspected, fixed or contingent, referred to above. THE SHAREHOLDERS, INCUMBENTS AND IRONCLAD ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED BY THEIR OWN RESPECTIVE INDEPENDENT LEGAL COUNSEL AND ARE FAMILIAR WITH THE PROVISIONS OF SECTION 1542 OF THE 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” THE PARTIES EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS OR BENEFITS THEY MAY HAVE UNDER, OR WHICH MAY BE CONFERRED UPON THEM BY, THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE TO THE FULLEST EXTENT THAT THEY MAY LAWFULLY WAIVE SUCH RIGHTS OR BENEFITS PERTAINING TO THE SUBJECT MATTER OF THEIR MUTUAL GENERAL RELEASE. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to, or different from, those which they now know or believe to exist with respect to the subject matter of, or any part of, the mutual general release, but that it is nonetheless the intention of the Parties to hereby fully, finally and forever settle and release all disputes and differences, known or unknown, suspected or unsuspected, which do now or may exist, as to the matters released by the mutual general release hereinabove.
Waiver Under Section 1542 of the California Civil Code. With regard to any claims which may exist or arise out of the Executive's current or any prior affiliation with the Company (the "Disputes"), Executive expressly waives all claims against the Company, including, without limitation, any and all rights under Section 1542 of the Civil Code of the State of California 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. Executive waives and releases any right or benefit which he has or may have under any similar law or rule of any other jurisdiction pertaining to the Disputes. It is the intention of Executive, through this Agreement, and with the advice of counsel, fully, finally, and forever to settle and release all such matters and claims relative thereto which have existed, do now exist or may exist between the parties arising out of or related to the Disputes. In furtherance of such intention, the release herein given shall be, and remain in effect as, a full and complete release of such matters notwithstanding the discovery of the existence of any additional claims or facts relating thereto. Notwithstanding the foregoing, Executive expressly does not waive any claim for indemnity for any losses arising out of his conduct as an officer or director of the Company.
Waiver Under Section 1542 of the California Civil Code. Executive, for Executive’s predecessors, successors and assigns, hereby waives all rights which Executive may have under Section 1542 of the Civil Code of the State of California, which reads as follows:
Waiver Under Section 1542 of the California Civil Code. For the purpose of implementing a full and complete release, Xxxxx understands and agrees that this Agreement is intended to include all claims, if any, which Xxxxx may have and which Xxxxx does not now know or suspect to exist in his favor against the Released Parties and this Agreement extinguishes those claims. Accordingly, Xxxxx expressly waives all rights afforded by Section 1542 of the Civil Code of the State of California ("Section 1542") and any similar statute or regulation in any other applicable jurisdiction. Section 1542 states as follows:
Waiver Under Section 1542 of the California Civil Code. Each Releasing Party hereby expressly waives, and is conclusively deemed to have waived, all rights under California Civil Code, Section 1542.
1. Section 1542 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.”
2. Each Releasing Party further declares that they understand the full nature, extent, and import of Section 1542 of the California Civil Code and of this entire Agreement, and has sought and obtained the advice of counsel (or has had the opportunity to do so) with respect to that statute and this Agreement. Each Releasing Party further waives, and is conclusively deemed to have waived, all rights under any other statutes and/or common law principles of similar effect arising in any jurisdiction.
3. Each Releasing Party understands that the facts which such Party believes to be true at the time of making these Releases may later turn out to be different than such Releasing Party now believes, and that information which is not now known or suspected may later be discovered. Each Releasing Party further understands that the consequence of this waiver is that even if such Party has injuries as of the date of this Agreement, but which such Releasing Party may not know exist, or if such Party should eventually suffer unanticipated additional damages or injuries arising out of the matters being released, such Releasing Party will not be able to assert any claims, counterclaims, or defenses based on any such unknown or unanticipated harm, injury, or damages regardless of whether that lack of knowledge or anticipation is the result of ignorance, oversight, error, negligence, or any other cause. Each Releasing Party accepts this possibility, assumes the risk of the facts turning out to be different or new information being discovered, and agrees that the release provided for herein shall in all respects continue to be effective and not subject to termination or rescission because of any difference in such facts or any new information. Each Releasing Party further represents that in connection with this Agreement and any release contained herein such Party has been represented by counsel which it has selected or has had the opportunity to be represented by such counsel, and that such Releasing Party is fully apprised of the consequences of its undert...
Waiver Under Section 1542 of the California Civil Code. For the purpose of implementing a full and complete release, the Parties understand and agree that this Agreement is intended to include all claims, if any, which the Parties may have and which the Parties do not now know or suspect to exist in their favor against the other Party and this Agreement extinguishes those claims. Accordingly, the Parties expressly waive all rights afforded by Section 1542 of the Civil Code of the State of California and any similar statute or regulation in any other applicable jurisdiction.
Waiver Under Section 1542 of the California Civil Code. Executive, for Executive’s predecessors, successors and assigns, xxxxxx xxxxxx all rights which Executive may have under Section 1542 of the Civil Code of the State of California, which reads as follows: “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.” I have read this code section, and I am now aware of it. I freely, knowingly, and expressly waive and relinquish any rights or benefits I may have because of this statute and/or other state or federal statutes or common law principles which are similar, or which have a similar purpose, and acknowledge that I am releasing claims I know about as well as claims I may not know about. This waiver is not a mere recital but is a knowing waiver of the rights and benefits otherwise available under said Section 1542.
