Common use of Release of Unknown Claims Clause in Contracts

Release of Unknown Claims. Employee expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee It is the intention of the Executive and the Company that this Agreement is a General Release which shall be effective as a bar to each and every Claim released hereby. Each of the parties recognizes that it may have a Claim against a released party of which it is totally unaware and unsuspecting which it is giving up by execution of the General Release. It is the intention of the Executive and the Company in executing this Agreement to forego each such Claim. In furtherance of this intention, each of the Executive and the Company expressly waives and relinquishes all any rights and or benefits afforded conferred by any statute (including, but not limited to, the provision of Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states provides as follows, or under any similar applicable law: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT NOW 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.” Thus" In connection with such waiver and relinquishment, notwithstanding the provisions parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those which they now know or believe to be true with respect to the subject matter of Section 1542 or this Agreement, but that it is their intention hereby to fully, finally and forever settle and release all released matters. In furtherance of any similar statutesuch intention, the Release given herein shall be and for the purpose of implementing remain in effect as a full and complete release and discharge release, notwithstanding the discovery or existence on any such additional facts. Each of the Executive and the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee such party does not know or suspect to exist in Employee’s their favor at the time of execution of this Agreement Agreement, and that this Agreement contemplates the extinguishment of all any such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee expressly waives and relinquishes all rights and benefits afforded by Without limiting the matters described in paragraph 12, the term “Released Claims” shall also include any statute (includingUnknown Claims. For purposes of this paragraph, but “Unknown Claims” means any Released Claims which Plaintiffs and/or any Settlement Class Member does not limited toknow or suspect to exist in his, Section 1542 of her or its favor at the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance time of the release of unknown claims the Released Parties which, if known by him, her or it, might have affected his, her or its settlement with and the waiver of statutory protection against a release of unknown claims (includingthe Released Parties, but or might have affected his, her or its decision not limited toto object to this settlement. Without admitting that California law is in any way applicable to this agreement, Section 1542). Section 1542 in whole or in part, with respect to any and all claims, the Parties stipulate and agree that, upon the Effective Date, Plaintiffs, and each Settlement Class Member shall be deemed to have, and by operation of the Final Judgment and Order shall have, expressly waived the provisions, rights and benefits of California Civil Code of the State of California states as follows§1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 PARTY.” ThusDEBTOR. Plaintiffs, notwithstanding and each Settlement Class Member shall be deemed to have, and by operation of the provisions of Section 1542 or Final Judgment and Order shall have, expressly waived any and all provisions, rights and benefits conferred by any law of any similar statute, and for the purpose of implementing a full and complete release and discharge state or territory of the Company ReleaseesUnited States, Employee expressly acknowledges that this Agreement or principle of common law, which is intended similar, comparable or equivalent to include in its effectCalifornia Civil Code §1542. The Plaintiffs, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might any Settlement Class member may hereafter discover facts different from, or in addition to, to or different from those Employee which he or she now knows or believes to be true with respect to a Claim or Claims released hereinthe subject matter of the claims being released, but Plaintiffs and Settlement Class members, upon the Effective Date, shall be deemed to have, and they expressly agree to assume by operation of the risk of possible discovery of additional or different factsFinal Judgment and Order shall have, fully, finally, and agree that this Agreement forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts. Plaintiffs and each Settlement Class member shall be deemed by operation of the Final Judgment and remain effective, in all respects, regardless Order to have acknowledged that the foregoing waiver was separately bargained for and a key element of such additional or different discovered factsthe settlement of which this release is a part.

Release of Unknown Claims. Employee By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each of the Releasing Parties (in its capacity as a Holder of the Notes) expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth in this Section 11.19 the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Releasing Party (in its capacity as a Holder of the Notes) expressly waives and relinquishes any and all rights such Person may have or conferred upon such Person under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth in this Section 11.19 or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Person did not know or suspect to exist in such Person’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties expressly acknowledges that the releases and covenants not to xxx contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. It is the intention of the Releasing Parties that the releases set forth in this Section 11.19 shall be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party, expressly waives any and all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of the State of California and analogous laws of other states)applicable law, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states are 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the Notes) acknowledges that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Company ReleaseesReleased Parties, Employee by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the Notes) expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect without limitation all of the claims, without limitation, all Claims causes of action and liabilities which are known and all Claims which Employee does the Releasing Parties do not know or suspect to exist in Employee’s their favor at as of the time of execution of Second Supplemental Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromclaims, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, causes of action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee expressly waives It is the clear and relinquishes all rights unequivocal intention of the Parties, that this Settlement shall be effective as a full and benefits afforded final accord and satisfaction, release, and discharge of each and every released claim specifically or generally referred to in this Settlement, with the sole exception being any personal injury or disease claims held by any statute (includingSettlement Class Members which are specifically excluded from the release in Section 3.1 above. In furtherance of this intention, but each Plaintiff and each Settlement Class Member that did not limited totimely request exclusion from the Settlement Class, and each of the Released Defendant Parties acknowledges and agrees that s/he or it understands Section 1542 of the Civil Code of the State of California and analogous laws of other states)California, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding Plaintiffs and each Settlement Class Member who did not timely request exclusion from the provisions of Settlement Class waives and relinquishes any and all rights and benefits which s/he has or may have under Section 1542 of the Civil Code of the State of California, and under any similar or comparable provision, whether statutory or common law, of any similar statute, and for the purpose of implementing a full and complete release and discharge other state or territory of the Company Releasees, Employee expressly acknowledges United States to the full extent that this Agreement is intended s/he may lawfully so waive all such rights and benefits pertaining to include the subject matter of the release set forth in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution Section 3.1 of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsAgreement.

Release of Unknown Claims. Employee expressly waives It is the clear and relinquishes all rights unequivocal intention of the Parties, that this Settlement shall be effective as a full and benefits afforded final accord and satisfaction, release, and discharge of each and every released claim specifically or generally referred to in this Settlement, with the sole exception being any personal injury or disease claims held by any statute (includingSettlement Class Members which are specifically excluded from the release in Section 3.1 above. In furtherance of this intention, but each Plaintiff and each Settlement Class Member that did not limited totimely request exclusion from the Settlement Class, and each of the Released Defendant Parties acknowledges and agrees that s/he or it understands Section 1542 of the Civil Code of the State of California and analogous laws of other states)California, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding Plaintiff and each Settlement Class Member who did not timely request exclusion from the provisions of Settlement Class waives and relinquishes any and all rights and benefits which s/he has or may have under Section 1542 of the Civil Code of the State of California, and under any similar or comparable provision, whether statutory or common law, of any similar statute, and for the purpose of implementing a full and complete release and discharge other state or territory of the Company Releasees, Employee expressly acknowledges United States to the full extent that this Agreement is intended s/he may lawfully so waive all such rights and benefits pertaining to include the subject matter of the release set forth in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution Section 3.1 of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsAgreement.

Release of Unknown Claims. Employee The Releasing Persons and the Released Persons expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, acknowledge that they are familiar with principles of law such as Section 1542 of the Civil Code of the State of California and analogous laws of other states)California, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as followsprovides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” ThusDEBTOR. Notwithstanding California or other law, notwithstanding the provisions Releasing Persons and the Released Persons hereby expressly agree that the provisions, rights and benefits of Section 1542 and all similar federal or state laws, rights, rules or legal principles of any other jurisdiction that may be applicable herein are hereby knowingly and voluntarily waived, released and relinquished to the fullest extent permitted by law solely in connection with unknown claims that are the same as, substantially similar statuteto, or overlap the Released Claims, and for the purpose of implementing a full Releasing Persons and complete release the Released Persons hereby agree and discharge acknowledge that this is an essential term of the Company ReleaseesReleases. In connection with the Release, Employee expressly acknowledges the Releasing Persons and the Released Persons acknowledge that this Agreement is intended they are aware that they may hereafter discover claims presently unknown and unsuspected or facts in addition to include in its effect, without limitation, all Claims or different from those which are known and all Claims which Employee does not they now know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes believe to be true with respect to a Claim or Claims matters released herein, and that such claims, to the extent that they expressly agree to assume are the risk of possible discovery of additional same as, substantially similar to, or different factsoverlap the Released Claims, are hereby released, relinquished and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsdischarged.

Release of Unknown Claims. Employee Each of the Releasing Parties hereby expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth under Article XIV the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Holder, by its holding of a Note, and, on behalf of each Company Releasing Party, the Issuers, Guarantors and Affiliated Guarantors, expressly waive and relinquish any and all rights such Releasing Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provide that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth under Article XIV or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Releasing Party did not know or suspect to exist in such Releasing Party’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties hereby expressly acknowledges that the releases and covenants not to sue contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. To the extent that the releases set forth above include releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party that the releases described under Article XIV are to be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party hereto expressly waives any and relinquishes all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of the State of California and analogous laws of other states)applicable law, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states are 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Each Holder (in its capacity as a holder of the Notes), and each Company Releasing Party acknowledges that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Released parties, each Holder (in its capacity as a holder of the Notes) and each Company Releasees, Employee Releasing party expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect all of the Claims, without limitation, all Claims Causes of Action and liabilities which are known the Releasing Parties and all Claims which Employee each Holder (in its capacity as a holder of the Notes) does not know or suspect to exist in Employee’s their favor at as of the time of execution of Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, Causes of Action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee Each of the Releasing Parties hereby expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth under Article XII the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Holder, by its holding of a Note, and, on behalf of each Company Releasing Party, the Issuers and Subsidiary Guarantors, expressly waive and relinquish any and all rights such Releasing Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provide that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth under Article XII or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Releasing Party did not know or suspect to exist in such Releasing Party’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties hereby expressly acknowledges that the releases and covenants not to xxx contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. To the extent that the releases set forth above include releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party that the releases described under Article XII are to be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party hereto expressly waives any and relinquishes all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of the State of California and analogous laws of other states)applicable law, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states are 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” Each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party acknowledges that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Released Parties, each Holder (in its capacity as a holder of the Notes) and each Company Releasees, Employee Releasing Party expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect all of the Claims, without limitation, all Claims Causes of Action and liabilities which are known the Releasing Parties and all Claims which Employee each Holder (in its capacity as a holder of the Notes) does not know or suspect to exist in Employee’s their favor at as of the time of execution of Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, Causes of Action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee Each of the Releasing Parties expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the Release the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Releasing Party expressly waives and relinquishes any and all rights such Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the Releases set forth in Sections 9.01 or 9.02 of this Agreement or which may in any way limit the effect or scope of such Releases with respect to Released Claims, which such Party did not know or suspect to exist in such Party’s favor at the time of providing such Releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties expressly acknowledges that the Releases and covenants not to xxx contained in this Agreement are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. To the extent that the Release includes releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of the Parties that the Release shall be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Agreement. In furtherance of this intention, the Parties expressly waive any and all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of the State of California and analogous laws of other states)applicable law, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states are as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” The Parties acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Company ReleaseesParties, Employee and each of them, each Party expressly acknowledges that this Agreement is intended to include in its effecteffect without limitation all of the claims, without limitationcauses of action and liabilities which the Parties, all Claims which are known and all Claims which Employee does each of them, do not know or suspect to exist in Employee’s their favor at the time of execution of this Agreement Agreement, and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromclaims, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, causes of action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee expressly waives Davia also, in her individual capacity and relinquishes on behalf of her past and current representatives, agents, attorneys, successors and/or assigns, provides this general release which shall be effective as a full and final accord and satisfaction, as a bar to all rights actions, causes of action, obligations, costs, expenses, attorneys' fees, damages, losses, claims, liabilities and benefits afforded demands of Davia, of any nature, character or kind, known or unknown, suspected or unsuspected, arising out of the subject matter of the Notice as to Covered Products manufactured, distributed or sold by any statute (including, but not limited to, Section Releasee before the Effective Date. Davia acknowledges that she is familiar with section 1542 of the Civil Code of the State of California and analogous laws of other states)civil code, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus. Davia, notwithstanding in her individual capacity and on behalf of her past and current representatives, agents, attorneys, successors and/or assigns expressly waives and relinquishes any and all rights and benefits that she may have under, or which may be conferred on her by the provisions of Section 1542 of the California Civil Code as well as under any other state or federal statute or common law principle of any similar statuteeffect, to the fullest extent that she may lawfully waive such rights or benefits pertaining to the released matters. In furtherance of such intention, excepting Section 4.2, the release hereby given shall be and for the purpose of implementing remain in effect as a full and complete release and discharge notwithstanding the discovery or existence of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of any such additional or different discovered factsclaims or facts arising out of the released matters.

Release of Unknown Claims. Employee Xxxxx and Safeway expressly waives and relinquishes all rights and benefits afforded by waive any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 of the California Civil Code, which section provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of any similar statuteexecuting the release, which if known by him must have materially affected his settlement with the debtor.” Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees and Xxxxx Releasees, Employee Releasor and Safeway expressly acknowledges acknowledge that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known Releasor and all Claims which Employee Safeway does not know or suspect to exist in Employee’s her/its favor at the time of execution of this Agreement against any Releasee(s) and Xxxxx Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee In connection with this Release and Covenant Not To Xxx, Class Members, through the Class Notice, acknowledge that they are aware that they may hereafter discover facts, claims, and causes of action presently unknown or unsuspected, or facts in addition to or different from those which they now know or believe to be true with respect to the matters released herein. Nevertheless, it is the purpose of this Settlement Agreement and the intention of Plaintiffs and the Class Members to settle and release all such matters, and all actions, causes, causes of action, claims, and Unknown Claims relating to the subject matter of the Litigation, which exist, hereafter may exist, or might have existed (whether or not previously or currently asserted in any action). The Class Members expressly waives understand and relinquishes agree that this Settlement Agreement releases all claims arising prior to the execution of the Settlement Agreement of every nature and kind whatsoever, whether known to them or not. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date, Plaintiffs and each of the Class Members shall be deemed to have, and by operation of the Final Judgment and Order shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the California Civil Code of the State of California and analogous laws of other states)Section 1542, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as followsprovides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 PARTY.” ThusDEBTOR. The Parties further stipulate and agree that, notwithstanding upon the provisions Effective Date, Plaintiffs and each of Section 1542 or the Class Members shall be deemed to have, and by operation of the Final Judgment and Order shall have, expressly waived and relinquished, to the fullest extent permitted by law, any and all provisions, rights, and benefits conferred by any law of any similar statute, and for the purpose of implementing a full and complete release and discharge state or territory of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromU.S., or in addition toprinciple of common law, those Employee now knows which is similar, comparable, or believes equivalent to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsCalifornia Civil Code Section 1542.

Release of Unknown Claims. Employee Xxxxx expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 of the California Civil Code, which section provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of any similar statuteexecuting the release, which if known by him must have materially affected his settlement with the debtor.” Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee Releasor expressly acknowledges that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known and all Claims which Employee Releasor does not know or suspect to exist in Employee’s her favor at the time of execution of this Agreement against any Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior or after to the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee You understand and acknowledge that this Release extinguishes all claims, whether known or unknown, foreseen or unforeseen. You expressly waives and relinquishes all waive any rights and or benefits afforded by any statute (including, but not limited to, under Section 1542 of the California Civil Code of the State of California and analogous laws of other states)Code, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 PARTY.” Thus, notwithstanding the provisions of Section 1542 or of DEBTOR. You fully understand that if any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true fact with respect to a Claim or Claims released herein, and they expressly agree any matter covered by this Release is found hereafter to assume the risk of possible discovery of additional be other than or different factsfrom the facts you now believe to be true, then you expressly accept and agree assume that this Agreement Release shall be and remain effective, notwithstanding the difference in all respectsthe fact or facts. This Release creates legally binding obligations, regardless and the Company therefore advises you to consult an attorney before signing it. In signing this Release, you give the Company assurance that you have signed it voluntarily and with a full understanding of its terms; that you have had sufficient opportunity, before signing this Release, to consider its terms and to consult with an attorney, if you wished to do so; and that, in signing this Agreement, you have not relied on any promises or representations, express or implied, from the Company or any of its affiliates. You further acknowledge that your waiver and release do not apply to any rights or claims that may arise after the execution date of this Release. If the terms of this Release are acceptable to you, you must sign, date and return it to the General Counsel of the Company within 21 days of the date you receive it. You may revoke this Release at any time during the seven-day period immediately following the date of your signing by written notice of such additional or different discovered facts.revocation to the undersigned. If you do not revoke it, then, at the expiration of that seven-day period, this Release will take effect as a legally binding agreement between you and the Company on the basis set forth above. THIS RELEASE MUST BE SIGNED AND DELIVERED TO THE GENERAL COUNSEL OF THE GYMBOREE CORPORATION BY THE DEADLINE IN THE IMMEDIATELY PRECEDING PARAGRAPH IN ORDER FOR YOU TO RECEIVE THE PAYMENT DESCRIBED IN SECTION 6 OF THE AGREEMENT. Accepted and Agreed: Xxxxx Xxxxxxxxx Date:

Release of Unknown Claims. Employee Xxxxxx expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 of the California Civil Code, which section provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of any similar statuteexecuting the release, which if known by him must have materially affected his settlement with the debtor.” Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee Releasor expressly acknowledges that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known and all Claims which Employee Releasor does not know or suspect to exist in Employee’s his favor at the time of execution of this Agreement against any Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of his right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging his duties. However, Releasor acknowledges that he has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee The Parties expressly waives waive and relinquishes relinquish all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does The Parties do so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, including but not limited to, to Section 1542). Section 1542 of the Civil Code of the State of California states 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 RELEASE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” . Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee the Parties expressly acknowledges acknowledge that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does the Parties do not know or suspect to exist in EmployeeBilicic’s or the Company’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges The Parties acknowledge that he/she they might hereafter discover facts different from, or in addition to, those Employee they now knows know or believes believe to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee Xxxxx expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 of the California Civil Code, which section provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of any similar statuteexecuting the release, which if known by him must have materially affected his settlement with the debtor.” Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee Releasor expressly acknowledges that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known and all Claims which Employee Releasor does not know or suspect to exist in Employee’s her favor at the time of execution of this Agreement against any Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee expressly waives The Releasing Parties acknowledge that they may have claims that are currently unknown and relinquishes that the release in paragraph 11 is intended to and will fully, finally, and forever discharge all rights Released Claims, which do not include any claim for personal injuries or safety-related concerns, whether now asserted or unasserted, known or unknown, suspected or unsuspected, which now exist, or heretofore existed or may hereafter exist, which if known, might have affected their decision to enter into this Agreement and the release therein. Each Releasing Party shall be deemed to waive any and all provisions, rights, and benefits afforded conferred by any statute (including, but not limited to, Section 1542 law of the Civil Code United States, any state or territory of the State United States, or any state or territory of California and analogous laws any other country, or principle of other states)common law or equity, which governs or limits a person’s release of unknown claims. In making this waiver, the effect of a release Releasing Parties understand and acknowledge that they may hereafter discover facts in addition to or different from those that are currently known or believed to be true with respect to unknown claims. Employee does so understanding and acknowledging the significance subject matter of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (includingReleased Claims, but agree that they have taken that possibility into account in reaching this Settlement Agreement and that, notwithstanding the discovery or existence of any such additional or different facts, as to which the Releasing Parties expressly assume the risk, they fully, finally, and forever settle and release any and all Released Claims, known or unknown, suspected or unsuspected, which now exist, or heretofore existed, or may hereafter exist, and without regard to the subsequent discovery or existence of such additional or different facts. The foregoing waiver includes, without limitation, an express waiver, to the fullest extent not limited toprohibited by law, by Plaintiff, the Settlement Class members including those located in California or who are California residents or citizens, and all Releasing Parties, of any and all rights under California Civil Code Section 1542). Section 1542 of the Civil Code of the State of California states as follows, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” ThusDEBTOR. In addition, notwithstanding the provisions of Section 1542 or of all Releasing Parties also expressly waive any similar statuteand all provisions, rights, and for the purpose benefits conferred by any law or principle of implementing a full and complete release and discharge of the Company Releaseescommon law or equity, Employee expressly acknowledges that this Agreement is intended to include in its effectare similar, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromcomparable, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effectiveequivalent, in all respectswhole or in part, regardless of such additional or different discovered factsto California Civil Code Section 1542.

Release of Unknown Claims. Employee expressly waives Subject to the exceptions set forth in Section 1.4 hereof, the Releasors agree and relinquishes acknowledge that the Released Claims, which they are releasing and covenanting not to sue pursuant to this Agreement include any Released Claim which such Party does not know or suspect to exist in its favor at the time of the giving of the foregoing releases and covenants not to sue which, if known by it might affect its decision regarding the releases and covenants not to sue set forth therein. Subject to the exceptions set forth in Section 1.4 hereof, each of the Releasors agree and acknowledge that it might hereafter discover facts or documents in addition to or different from those which it now knows or believes to be true or exist with respect to the subject matter of any of the Released Claims, and the Releasees shall not have any duty to disclose or provide any such facts or documents (whether material or immaterial, known or unknown, suspected or unsuspected) to any Releasor, and each of the Releasors shall be deemed to have fully, finally and forever settled and released any and all Released Claims. In connection with their agreement to the foregoing release, the Parties knowingly and voluntarily waive and relinquish any and all provisions, rights and benefits afforded conferred by any statute (including, but not limited to, Section 1542 law of the United States or any state or territory of the United States, or principle or equivalent to California Civil Code of the State of California and analogous laws of other states)§ 1542, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as followsprovides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR.” Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

Release of Unknown Claims. Employee By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each of the Releasing Parties (in its capacity as a Holder of the Notes) expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth in this Section 11.19 the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Releasing Party (in its capacity as a Holder of the Notes) expressly waives and relinquishes any and all rights such Person may have or conferred upon such Person under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth in this Section 11.19 or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Person did not know or suspect to exist in such Person’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties expressly acknowledges that the releases and covenants not to sue contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. It is the intention of the Releasing Parties that the releases set forth in this Section 11.19 shall be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party, expressly waives any and all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of the State of California and analogous laws of other states)applicable law, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states are 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” By accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the Notes) acknowledges that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Company ReleaseesReleased Parties, Employee by accepting the benefits of this Indenture and by its tender of its Notes as contemplated by the Statement, each Releasing Party (in its capacity as a Holder of the Notes) expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect without limitation all of the claims, without limitation, all Claims causes of action and liabilities which are known and all Claims which Employee does the Releasing Parties do not know or suspect to exist in Employee’s their favor at as of the time of execution of Second Supplemental Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromclaims, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, causes of action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee It is understood and agreed by Executive that this Agreement shall act as a full accord and satisfaction, and as a bar to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected directly or indirectly relating to or arising from Executive’s employment with Smart & Final, or directly or indirectly relating to or arising from the Plan. Executive hereby, and for [his/her] legal representatives, successors and assigns, expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the California Civil Code of the State of California Code, and analogous laws of any other states)comparable state or federal statute or law, which limits the effect of a release with respect to unknown claims. Employee and does so understanding and acknowledging the significance and consequences of the release of unknown claims and the such a specific waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the California Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY [EXECUTIVE] 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 [HIM/HER, WOULD ] HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY[SMART& FINAL].” Thus, notwithstanding Executive expressly waives and relinquishes any and all rights and benefits which [he/she] may have under (or which may be conferred upon him by) the provisions of California Civil Code Section 1542 or of 1542, as well as under any similar state or federal statute, and for to the purpose of implementing a full and complete release and discharge of the Company Releaseesfullest extent [he/she] may lawfully waive such rights or benefits. In connection with this waiver, Employee expressly Executive acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that [he/she might she] is aware that new, additional and/or different facts and/or claims may hereafter discover facts different from, be discovered other than those now known or in addition to, those Employee now knows or believes believed to be true with respect to a Claim or Claims released hereinthis release, but that it is [his/her] intention to hereby fully, finally and forever release and discharge Smart & Final, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that thus this Agreement shall be remain in effect as a full and remain effective, in all respects, complete release regardless of the later discovery or existence of any such new, additional and/or different facts or different discovered factsclaims.

Release of Unknown Claims. Employee Xxxxx and Safeway expressly waives and relinquishes all rights and benefits afforded by waive any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 of the California Civil Code, which section provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of any similar statuteexecuting the release, which if known by him must have materially affected his settlement with the debtor.” Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees and Xxxxx Releasees, Employee Releasor and Safeway expressly acknowledges acknowledge that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known Releasor and all Claims which Employee Safeway does not know or suspect to exist in Employee’s her/its favor at the time of execution of this Agreement against any Releasee(s) and Xxxxx Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior or after to the effective date of this Agreement, or as a waiver of her right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging her duties. However, Releasor acknowledges that she has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.

Release of Unknown Claims. Employee In connection with this Release and Covenant Not To Sue, Class Members, through the Class Notice, acknowledge that they are aware that they may hereafter discover facts, claims, and causes of action presently unknown or unsuspected, or facts in addition to or different from those which they now know or believe to be true with respect to the matters released herein. Nevertheless, it is the purpose of this Settlement Agreement and the intention of Plaintiffs and the Class Members to settle and release all such matters, and all actions, causes, causes of action, claims, and Unknown Claims relating to the subject matter of the Litigation, which exist, hereafter may exist, or might have existed (whether or not previously or currently asserted in any action). The Class Members expressly waives understand and relinquishes agree that this Settlement Agreement releases all claims arising prior to the execution of the Settlement Agreement of every nature and kind whatsoever, whether known to them or not. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date, Plaintiffs and each of the Class Members shall be deemed to have, and by operation of the Final Judgment and Order shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the California Civil Code of the State of California and analogous laws of other states)Section 1542, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as followsprovides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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 PARTY.” ThusDEBTOR. The Parties further stipulate and agree that, notwithstanding upon the provisions Effective Date, Plaintiffs and each of Section 1542 or the Class Members shall be deemed to have, and by operation of the Final Judgment and Order shall have, expressly waived and relinquished, to the fullest extent permitted by law, any and all provisions, rights, and benefits conferred by any law of any similar statute, and for the purpose of implementing a full and complete release and discharge state or territory of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different fromU.S., or in addition toprinciple of common law, those Employee now knows which is similar, comparable, or believes equivalent to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsCalifornia Civil Code Section 1542.

Release of Unknown Claims. Employee Each of the Releasing Parties hereby expressly acknowledges that although ordinarily a general release may not extend to any Released Claims which the Releasing Party does not know or suspect to exist in its favor, which if known by it may have materially affected its settlement with the party released, it has carefully considered and taken into account in determining to enter into the releases set forth under Article XII the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each Holder, by its holding of a Note, and, on behalf of each Company Releasing Party, the Issuers and Subsidiary Guarantors, expressly waive and relinquish any and all rights such Releasing Party may have or conferred upon it under any federal, state, or local statute, rule, regulation, or principle of common law or equity which provide that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of providing the releases set forth under Article XII or which may in any way limit the effect or scope of such releases with respect to the Released Claims, which such Releasing Party did not know or suspect to exist in such Releasing Party’s favor at the time of providing such releases, which in each case if known by it may have materially affected its settlement with any Released Party, including any rights under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Each of the Releasing Parties hereby expressly acknowledges that the releases and covenants not to xxx contained in this Indenture are effective regardless of whether those released matters or Released Claims are presently known or unknown, suspected or unsuspected, or foreseen or unforeseen. 176 To the extent that the releases set forth above include releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, it is the intention of each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party that the releases described under Article XII are to be effective as a bar to any and all Claims and Causes of Action of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified in this Indenture. In furtherance of this intention, each Holder (in its capacity as a holder of the Notes) and each Company Releasing Party hereto expressly waives any and relinquishes all rights and benefits afforded conferred upon them by any statute (including, but not limited to, the provisions of Section 1542 of the California Civil Code or similar provisions of the State of California and analogous laws of other states)applicable law, which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states are 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 RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Each Holder (in its capacity as a holder of the Notes), and each Company Releasing Party acknowledges that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. Thus, notwithstanding the provisions of Section 1542 or of any similar statutethe California Civil Code, and for the purpose of implementing a full and complete release and discharge of the Released Parties, each Holder (in its capacity as a holder of the Notes) and each Company Releasees, Employee Releasing Party expressly acknowledges that this Agreement Indenture is intended to include in its effecteffect all of the Claims, without limitation, all Claims Causes of Action and liabilities which are known the Releasing Parties and all Claims which Employee each Holder (in its capacity as a holder of the Notes) does not know or suspect to exist in Employee’s their favor at as of the time of execution of Effective Date, and this Agreement and that this Agreement Indenture contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, Causes of Action and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered factsliabilities.

Release of Unknown Claims. Employee Xxxxxx and Safeway expressly waives and relinquishes all rights and benefits afforded by waive any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding right or benefit available in any capacity under the provisions of Section 1542 of the California Civil Code, which section provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of any similar statuteexecuting the release, which if known by him must have materially affected his settlement with the debtor.” Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Company Releasees and Xxxxxx Releasees, Employee Releasor and Safeway expressly acknowledges acknowledge that this Agreement is intended to include and does include in its effect, without limitation, all Claims claims which are known Releasor and all Claims which Employee Safeway does not know or suspect to exist in Employee’s his/its favor at the time of execution of this Agreement against any Releasee(s) and Xxxxxx Releasee(s), and that this Agreement expressly contemplates the extinguishment of all such Claimsclaims. Employee acknowledges Notwithstanding the release of claims otherwise provided for in this section of the Agreement, it is expressly understood that he/she might hereafter discover facts different fromnothing in this Agreement will prevent Releasor from filing a charge of discrimination with the Equal Employment Opportunity Commission or any of its state or local deferral agencies, or participating in addition toany investigation by the Equal Employment Opportunity Commission or any of its state or local deferral agencies. Releasor further agrees and covenants, those Employee now knows however, that should any agency, commission, person, organization, or believes other entity file or bring, or cause or permit to be true filed or brought, any charge, claim, complaint, civil action, suit or other legal proceeding involving any matter occurring at any time in the past, Releasor will not seek or accept any personal relief in connection with respect to a Claim or Claims released hereinsuch proceeding. Further, and they it is expressly agree to assume the risk of possible discovery of additional or different facts, and agree understood that nothing in this Agreement shall be and remain effectiveconstrued to be a waiver by Releasor of any benefit that vested in any benefit plan prior to or after the effective date of this Agreement, or as a waiver of his right to continue any benefit in accordance with the terms of a benefit plan. Likewise, nothing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including any right that Releasor may have under California Labor Code Section 2802 to indemnification of Releasor’s expenses or losses incurred in discharging his duties. However, Releasor acknowledges that he has received reimbursement for all respectsexpenses incurred up to the date of his execution of this Agreement. It is also expressly understood that nothing in this Agreement shall in any way prohibit Releasor from bringing any complaint, regardless claim or action seeking to challenge the validity of such additional this Agreement and/or bringing any complaint claim or different discovered factsaction alleging a breach of this Agreement by the Company or request for indemnification.