Mutual Waiver of California Civil Code § 1542. The Parties each acknowledge familiarity with Section 1542 of the Civil Code, which 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. The Parties, each on their own behalf, and each on behalf of their past and current agents, representatives, attorneys, successors, and/or assignees, expressly waive and relinquish any and all rights and benefits which it/they may have under, or which may be conferred upon it/them by the provisions of Civil Code Section 1542, as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent they may lawfully waive such rights or benefits pertaining to the released matters, as specifically defined by Sections 4.2 and 4.3, above. Nothing in this section shall affect KASB’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve the Products.
Mutual Waiver of California Civil Code § 1542. The Parties acknowledge that the Claims in this Settlement Agreement include all known and unknown Claims within the scope of the claims released, discharged, and waived in Section
Mutual Waiver of California Civil Code § 1542. The Parties each acknowledge that he/they is/are familiar with Section 1542 of the Civil Code, 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. The Parties, each on his/their own behalf (and Xxxxxxx in his individual capacity only and not in any representative capacity), and on behalf of his/their past and current agents, representatives, counsel, successors, and/or assignees, expressly waive and relinquish any and all rights and benefits which they may have under, or which may be conferred upon them by the provisions of Civil Code section 1542 as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent he/they may lawfully waive such rights or benefits pertaining to the released matters, as defined by Sections 4.2 and 4.3, above.
Mutual Waiver of California Civil Code § 1542. KASB, on behalf of itself only and not in the public interest, on the one hand, and Excelta, on the other hand, each acknowledge that the claims in this Agreement include all known and unknown claims pertaining to DINP contained in the Products that were sold in California before the Effective Date, except as provided in Section 4.1 hereinabove, and each waive the provisions of California Civil Code § 1542 as to any unknown claims pertaining to DINP contained in the Products that were sold in California that may have existed prior to and including the Effective Date, except as provided in Section 4.1. California Civil Code § 1542 reads 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. The Parties acknowledge and understand the significance and consequences of this specific waiver of California Civil Code § 1542.
