Common use of Certain Claims Not Affected By General Release Clause in Contracts

Certain Claims Not Affected By General Release. 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. Each of the Class Representatives expressly acknowledges that the Class Representative has been advised by Class Counsel of the contents and effects of Section 1542, and with knowledge, each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Class members, whatever benefits the Class Representatives and the Class members may have had pursuant to such section. Each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Class members, the benefit of any law of any state or territory of the United States, federal law or principle of common law, or of international or foreign law, which is similar, comparable, or equivalent to Section 1542 of the California Civil Code.

Appears in 6 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Certain Claims Not Affected By General Release. 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. Each of the Class Representatives expressly acknowledges that the Class Representative has been advised by Co-Lead Class Counsel of the contents and effects of Section 1542, and with knowledge, each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Class membersMembers, whatever benefits the Class Representatives and the Class members Members may have had pursuant to such section. Each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Class membersMembers, the benefit of any law of any state or territory of the United States, federal law or principle of common law, or of international or foreign law, which is similar, comparable, or equivalent to Section 1542 of the California Civil Code.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Certain Claims Not Affected By General Release. A general release does not extend to claims that which 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, which if known by him or her, would must have materially affected his or her settlement with the debtor or released partydebtor. Each of the Class Representatives expressly acknowledges that the Class Representative has been advised by Class Counsel of the contents and effects of Section 1542, and with knowledge, each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Class members, whatever benefits the Class Representatives and the Class members may have had pursuant to such section. Each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Class membersMembers, the benefit of any law of any state or territory of the United States, federal law or principle of common law, or of international or foreign law, which is similar, comparable, or equivalent to Section 1542 of the California Civil Code.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Certain Claims Not Affected By General Release. A general release does not extend to claims that which 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 thatrelease, which if known by him or her, would must have materially affected his or her settlement with the debtor or released partydebtor. Each of the Class Representatives expressly acknowledges that the Class Representative has been advised by Class Counsel of the contents and effects effect of Section 1542, and with knowledge, each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Settlement Class membersMembers, whatever benefits the Class Representatives and the Settlement Class members Members may have had pursuant to such section. Each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Settlement Class membersMembers, the benefit of any law of any state or territory of the United States, federal law or principle of common law, or of international or foreign law, which is similar, comparable, comparable or equivalent to Section 1542 of the California Civil Code.

Appears in 1 contract

Samples: Settlement Agreement

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Certain Claims Not Affected By General Release. 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. Each of the Class Representatives expressly acknowledges that the Class Representative has been advised by Class Counsel of the contents and effects of Section 15421542 of the California Civil Code, and with knowledge, each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Settlement Class membersMembers, whatever benefits the Class Representatives and the Settlement Class members Members may have had pursuant to such section. Each of the Class Representatives hereby expressly waives, on behalf of the Class Representative and all Settlement Class membersMembers, the benefit of any law of any state or territory of the United States, federal law or principle of common law, or of international or foreign law, which is similar, comparable, or equivalent to Section section 1542 of the California Civil Code.

Appears in 1 contract

Samples: Settlement Agreement

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