DIFFERENCE IN FACTS. The Parties understand that if any fact with respect to any matter covered by this Agreement is found to be other than, or different from, the facts now believed by any Party to be true, that Party expressly accepts and assumes the risk of such possible difference in facts and agrees that this Agreement shall be, and will remain, in full force and effect notwithstanding such difference in fact.
DIFFERENCE IN FACTS. The Xxxxxx fully understand that the facts presently known to them may later be found to be different, and expressly accept and assume the risk that the facts may be found to be different. The release and indemnification contained herein shall be effective in all respects and shall not be subject to termination or rescission because of any such difference in facts.
DIFFERENCE IN FACTS. Plaintiff fully understands that the facts upon which this Class Settlement Agreement is executed may hereafter be other than or different from the facts now believed by Plaintiff and Class Counsel to be true and nevertheless agree that this Class Settlement Agreement shall remain effective notwithstanding any such difference in facts.
DIFFERENCE IN FACTS. I expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 provides 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 fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by me to be true, I expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.
DIFFERENCE IN FACTS. Buyer hereby represents and warrants that it has conducted all necessary due diligence with respect to the subject matter of this Agreement and hereby represents and warrants that it accepts the Company "as is" and accepts that any and all liabilities and/or obligations of the Company for any and all acts committed prior to the purchase of the Shares contemplated by this Agreement, except that nothing herein shall be deemed to release Seller from any liability that it has for its obligations, representations and warranties in this Agreement.
DIFFERENCE IN FACTS. Each party to this Agreement fully understands that the facts presently known to him or it may later be found to be different, and expressly accept and assume the risk that the facts may be found to be different. This Agreement shall be effective in all respects and shall not be subject to termination or rescission because of any such difference in facts.
DIFFERENCE IN FACTS. Assignors hereby represent and warrant that they have conducted all necessary due diligence with respect to the subject matter of this Agreement and that they have been provided with every opportunity to inquire about the business operations, financial situation and presently known or contemplated business prospects and opportunities of the Company and to review any and all documents, records, and other non-public information regarding the Company. Confidential Information shall be defined as any and all non-public information regarding the Company's products, including, but not limited to, that information regarding the Random Ejection Shuffler, the Fantasy 21 table game and the Safety Peek playing card, and any other non-public information provided by the Company and/or Purchasers to Assignors in conjunction with this Agreement. Assignors acknowledge and understand that included among Purchasers are directors of the Company who stand in a position of knowledge with respect to both publicly disclosed and non-publicly disclosed information regarding the business operations, financial condition and business prospects and opportunities of the Company. Assignors represent and warrant that have been told that the value of the Shares may increase significantly in the future and have entered into this Agreement willingly and fully advised of the economic consequences thereby, including the potential future economic benefits or detriments of ownership of the Shares and the Xxxxx Assets. Assignors represent and warrant that they fully understand that the facts presently known to them may later be found to be different, and expressly accept and assume the risk that the facts may be found to be different. The release and indemnification contained herein shall be effective in all respects and shall not be subject to termination or rescission because of any such difference in facts.
