Waiver of Civil Code Section 1542. With respect to the release of 12 claims by reason of or arising out of the claims as more particularly alleged in the 13 this Litigation and arising up until the date of Judgment, as provided in Paragraphs 14 VI.1 and VI.2, above, the Plaintiff Releasing Parties and the Defendant Releasing 15 Parties waive and relinquish any and all rights and benefits afforded by California 16 Civil Code Section 1542, and acknowledge and understand that the facts with 17 respect to the Action and this Agreement may, after the date of execution of this 18 Agreement, be discovered to be other than or different from the facts now known 19 and believed to be true. The Plaintiff Releasing Parties and the Defendant Releasing 20 Parties knowingly accept and assume the risk of the facts being different, agree that 21 this Agreement shall be and remain in all aspects effective and not subject to 22 termination by virtue of any such difference in facts, understand and acknowledge 23 the significance and consequences of such specific waiver of California Civil Code 24 Section 1542, and expressly assume full responsibility for any losses or 25 consequences that may be incurred by making such waiver. The Plaintiff Releasing
Waiver of Civil Code Section 1542. With respect to all releases made by Lessee or Lessor under or pursuant to this Section 8, Lessee or Lessor hereby waives the application and benefits of California Civil Code Section 1542 and hereby verifies that it has read and understands the following provision of California Civil Code Section 1542: “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.” Lessee: Lessor:
Waiver of Civil Code Section 1542. The Parties acknowledge that they have been informed by their attorneys of the provisions of Section 1542 of the Civil Code of the State of California, and, to the extent applicable, the Parties do each hereby expressly waive and relinquish any and all rights and benefits which they had, or may have had, under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory or common law rights or rules similar to Section 1542. Section 1542 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 each expressly waive and release any right or benefit which they have or may have under Section 1542, or any similar law or rule of any jurisdiction, to the full extent that they may waive all such right and benefits pertaining to the matters released in this Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that they may subsequently discover claims presently unknown or unsuspected, or facts in addition to or different from those which they now know or believe to be true with respect to the matters released in this Agreement. Nevertheless, it is the intention of the Parties, through this Agreement, and with the advice of counsel, fully, finally, and forever to settle and release all such matters and all such claims which do now exist, may exist, or previously have existed between the parties. In furtherance of such intention, the releases given by this Agreement shall be and remain in effect as full and complete releases of such matters notwithstanding the discovery or existence of any such additional or different claims or facts relative to such matters.