Common use of Civil Code Section 1542 Clause in Contracts

Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive and Company acknowledge that they have each been advised by legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of the Parties, being aware of said code section, agrees to expressly waive any rights he or it may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Severance Agreement and Mutual Release (Intellisync Corp), Severance Agreement and Mutual Release (Intellisync Corp)

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Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive Employee and the Company acknowledge that they have each been advised by legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of Employee and the PartiesCompany, being aware of said code section, agrees agree to expressly waive any rights he or it they may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (Mentor Corp /Mn/), Separation and Release of Claims Agreement (Mentor Corp /Mn/)

Civil Code Section 1542. The Parties parties represent that they are not aware of any claim by either of them against the other other than the claims that are released by this Agreement. Executive Employee and the Company acknowledge that they have each been advised by legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of Employee and the PartiesCompany, being aware of said code section, agrees agree to expressly waive any rights he or it they may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Settlement Agreement and Mutual Release (Zapme Corp), Employment and Mutual Release (Rstar Corp)

Civil Code Section 1542. The Parties represent that they are not aware ----------------------- of any claim by either of them other than the claims that are released by this Agreement. Executive Xx. Xxxxxx and the Company acknowledge that they have each been advised by legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of Xx. Xxxxxx and the PartiesCompany, being aware of said code Code section, agrees agree to expressly waive any rights he or it they may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Agreement and Mutual Release (Connect Inc)

Civil Code Section 1542. The Parties represent that they are not aware of any claim claim(s) exist or suspect to exist up until and including the Effective Date of this Agreement by either of them other than the claims that are released by this Agreement. Executive The Consultant and the Company acknowledge that they have each been advised by legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of The Consultant and the PartiesCompany, being aware of said such code section, agrees agree to expressly waive any rights he or it they may have thereunder, as well as under any other statute stature or common law principles of similar effect.

Appears in 1 contract

Samples: Separation and General Release Agreement (Sina Com)

Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive and Company acknowledge Employee acknowledges that they have each been advised by he/she has the opportunity to seek the advice of legal counsel and are is familiar with the provisions of California Civil Code Section 1542, 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. Each of the PartiesEmployee, being aware of said code section, agrees to expressly waive any rights he or it he/she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Severance Agreement and Release (Therma Wave Inc)

Civil Code Section 1542. The Parties represent that they are not aware of ----------------------- any claim by either of them other than the claims that are released by this Agreement. Executive Xx. Xxxxxxxxxxx and the Company acknowledge that they have each been advised by legal counsel has advised them and are familiar with the provisions of California Civil Code Section 1542, 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. Each of Xx. Xxxxxxxxxxx and the PartiesCompany, being aware of said code section, agrees agree to expressly waive any rights he or it they may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Vidamed Inc

Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive Employee, on the one hand, and Company Visioneer, Purchaser and Purchaser Parent, on the other hand, acknowledge that they have each been advised by legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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, 4 WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each of the Parties, The Parties being aware of said such code section, agrees agree respectively to expressly waive any rights he or it they may have thereunder, as well as under any other statute stature or common law principles of similar effect.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Visioneer Inc)

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Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive Employee and the Company acknowledge that they have each been advised by had the opportunity to consult legal counsel and counsel, have read, are familiar with with, and understand the provisions of California Civil Code Section 1542, 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. Each of the The Parties, being aware of said code section, agrees voluntarily agree to expressly waive any rights he or it they may have thereunder, as well as under any other statute or common law principles of similar effect, including both known and unknown claims.

Appears in 1 contract

Samples: Severance Agreement and Release (Tcsi Corp)

Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive Employee and the Company acknowledge that they have each been advised by had the opportunity to seek the advice of legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of Employee and the PartiesCompany, being aware of said code section, agrees agree to expressly waive any rights he or it each may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Maxwell Technologies Inc)

Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive and Company The Parties acknowledge that they have each been advised by had the opportunity to seek the advice of legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of the The Parties, being aware of said code section, agrees to expressly waive any rights he or it they may have thereunderhereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (Fortinet Inc)

Civil Code Section 1542. The Parties represent that they are not aware of any claim by either of them other than the claims that are released by this Agreement. Executive and Mr. Xxxxxxx xxx the Company acknowledge that they have each been advised by legal counsel and are familiar with the provisions of California Civil Code Section 1542, 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. Each of Mr. Xxxxxxx xxx the PartiesCompany, being aware of said code Code section, agrees agree to expressly waive any rights he or it they may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Pledge and Security Agreement (Accrue Software Inc)

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