Common use of Civil Code Section 1542 Clause in Contracts

Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company other than the claims that are released by this Agreement. Employee acknowledges that Employee has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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. Employee, being aware of said code section, agrees to expressly waive any rights Employee may have thereunder, as well as under any statute or common law principles of similar effect.

Appears in 9 contracts

Samples: Change of Control and Retention Agreement (McAfee, Inc.), Change of Control and Retention Agreement (McAfee, Inc.), Change of Control and Retention Agreement (McAfee, Inc.)

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Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company other than the claims that are released by this Agreement. Employee acknowledges that Employee has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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. Employee, being aware of said code section, agrees to expressly waive any rights Employee may have thereunderunder such code section, as well as under any statute or common law principles of similar effect.

Appears in 7 contracts

Samples: Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Juniper Networks Inc), Severance Agreement (Juniper Networks Inc)

Civil Code Section 1542. The Employee represents that the Employee is not aware of any claims against the Company other than the claims that are released by this Agreement. The Employee acknowledges that the Employee has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER OR HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HER OR HIM OR HER MUST HAVE MATERIALLY AFFECTED HER OR HIS OR HER SETTLEMENT WITH THE DEBTOR. The Employee, being aware of said code section, agrees to expressly waive any rights the Employee may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 7 contracts

Samples: Change of Control Severance Agreement (XOMA Corp), Change of Control Severance Agreement (Xoma LTD /De/), Change of Control Severance Agreement (Xoma LTD /De/)

Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company other than the claims that are released by this Agreement. Employee acknowledges that Employee has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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 OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Employee, being aware of said code section, agrees to expressly waive any rights Employee may have thereunderunder such code section, as well as under any statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Change of Control Agreement (Juniper Networks Inc), Severance Agreement (Juniper Networks Inc)

Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company other than the claims that are released by this Agreement. Employee acknowledges that Employee he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Employee, being Employee acknowledges that he is aware of said code section, and understands the Civil Code Section set forth above and agrees expressly to expressly waive any rights Employee he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Separation Agreement (Informix Corp), Separation Agreement (Informix Corp)

Civil Code Section 1542. Employee represents and the Company each represent that Employee ----------------------- neither is not aware of any claims against the Company claim other than the claims that are released by this Agreement. Employee acknowledges and the Company each acknowledge that Employee has they have been advised by legal counsel and is are familiar with the provisions of California Civil Code Section 1542, below, 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. EmployeeEmployee and the Company, being aware of said code section, agrees agree to expressly waive any rights Employee they may have thereunder, as well as under any other federal or state statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Separation Agreement and Release (Seagate Technology Inc), Separation Agreement and Release (Seagate Technology Malaysia Holding Co Cayman Islands)

Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company claim by Employee other than the claims that are released by this Agreement. Employee acknowledges that Employee has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Employee, being aware of said code section, agrees to expressly waive any rights Employee may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and Mutual Release (Atmel Corp)

Civil Code Section 1542. Employee represents that Employee she is not aware of any claims against the Company other than the claims that are released by pursuant to this Agreement. Employee acknowledges that Employee she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Employee, being Employee acknowledges that she is aware of said code section, and understands the Civil Code Section set forth above and agrees expressly to expressly waive any rights Employee she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement And (Informix Corp)

Civil Code Section 1542. The Employee represents that the Employee is not aware of any claims against the Company other than the claims that are released by this Agreement. The Employee acknowledges that the Employee has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 HER OR HER MUST HAVE MATERIALLY AFFECTED HIS HER OR HER SETTLEMENT WITH THE DEBTOR. The Employee, being aware of said code section, agrees to expressly waive any rights the Employee may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Change of Control Severance Agreement (XOMA Corp)

Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company other than the claims that are released by this AgreementRelease. Employee acknowledges that Employee he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Employee, being acknowledges that he is aware of said code section, and understands the Civil Code Section set forth above and agrees expressly to expressly waive any rights Employee he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement (Informix Corp)

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Civil Code Section 1542. Employee represents that Employee he is not aware of any claims claim by him against any of the Company Releasees other than the claims that are released by this Agreement. Employee acknowledges that Employee he has been had the opportunity to be advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Employee, being aware of said code section, agrees to expressly waive any rights Employee he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Transition Agreement and Release (Tibco Software Inc)

Civil Code Section 1542. Employee represents that Employee he is not aware of any claims against the Company other than the claims that are released by this Agreement. Employee acknowledges that Employee he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, belowor any similar provision of Georgia law, 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. Employee, being aware of said code section, agrees to expressly waive any rights Employee he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Transition Agreement (Polycom Inc)

Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company claim by Employee other than the claims that are released by this Agreement. Employee acknowledges that Employee has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Employee, being aware of said code Code section, agrees to expressly waive any rights Employee may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and General Release of All Claims (Calix, Inc)

Civil Code Section 1542. The Employee represents that Employee he is not aware of any claims against the Company disputes or causes of action he has other than the claims disputes and causes of action that are released by this Agreement. Employee acknowledges that Employee has been advised by legal counsel and he is familiar with the provisions of California Civil Code Section 1542, belowor any similar provision contained in the laws of the state in which Employee resides, 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. Employee, being aware of said this code section, nonetheless agrees to expressly waive any rights Employee he may have thereunderunder it, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Callidus Software Inc

Civil Code Section 1542. Employee represents that Employee is not aware of any claims against the Company other than the claims that are released by this AgreementRelease. Employee acknowledges that Employee she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Employee, being Employee acknowledges that she is aware of said code section, and understands the Civil Code Section set forth above and agrees expressly to expressly waive any rights Employee she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement (Informix Corp)

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