Common use of Section 1542 Waiver Clause in Contracts

Section 1542 Waiver. Executive understands and agrees that the Executive Released Claims include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims as described in the preceding Section 1. Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this Release, but nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.

Appears in 12 contracts

Samples: Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.)

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Section 1542 Waiver. Executive understands and agrees agree that the Executive Released Claims claims released in Section 3 above include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims released claims as described in the preceding Section 13. Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but Executive nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives waive any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil CodeCode of the State of California, which provides as follows: ​ “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH AND THAT, IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.

Appears in 4 contracts

Samples: Employment Agreement (Nabriva Therapeutics PLC), Employment Agreement (Nabriva Therapeutics PLC), Employment Agreement (Nabriva Therapeutics PLC)

Section 1542 Waiver. The Executive understands and agrees that the Executive Released Claims include not only claims presently known to the Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims as described in the preceding Section 13, above. The Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but he nevertheless waives any claims or rights based on different or additional facts. The Executive knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 3 contracts

Samples: Employment Agreement (Restoration Hardware Holdings Inc), Inventions Agreement (Restoration Hardware Holdings Inc), Executive Employment Agreement (Restoration Hardware Holdings Inc)

Section 1542 Waiver. The Executive understands and agrees that the Executive Released Claims include not only claims presently known to the Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims as described in the preceding Section 13, above. The Executive understands that he she may hereafter discover facts different from what he she now believes to be true, which if known, could have materially affected this ReleaseAgreement, but she nevertheless waives any claims or rights based on different or additional facts. The Executive knowingly and voluntarily waives any and all rights or benefits that he she may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 2 contracts

Samples: Employment Agreement (Restoration Hardware Holdings Inc), Employment Agreement (Restoration Hardware Holdings Inc)

Section 1542 Waiver. Executive understands and agrees agree that the Executive Released Claims claims released in Section 3 above include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims released claims as described in the preceding Section 13. Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but Executive nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives waive any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil CodeCode of the State of California, which provides as follows: ​ “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH AND THAT, IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.” ​

Appears in 2 contracts

Samples: Employment Agreement (Nabriva Therapeutics PLC), Employment Agreement (Nabriva Therapeutics PLC)

Section 1542 Waiver. Executive understands and agrees agree that the Executive Released Claims claims released in Section 3 above include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims released claims as described in the preceding Section 13. Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but Executive nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives waive any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil CodeCode of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Employment Agreement (Nabriva Therapeutics PLC)

Section 1542 Waiver. The Executive understands and agrees that the Executive Released Claims include not only claims presently known to the Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims as described in the preceding Section 13, above. The Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but he nevertheless waives any claims or rights based on different or additional facts. The Executive knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER OR HER HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER HIS SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Employment Agreement (Restoration Hardware Holdings Inc)

Section 1542 Waiver. Executive understands and agrees that the Executive Released Claims include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims as described in the preceding Section 13, above. Executive understands that he Executive may hereafter discover facts different from what he Executive now believes to be true, which if known, could have materially affected this ReleaseAgreement, but Executive nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives any and all rights or benefits that he Executive may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Compensation Protection Agreement (Rh)

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Section 1542 Waiver. Executive understands The Parties understand and agrees agree that the Executive Released Claims claims to be released in a release in substantially the same format as attached hereto as Exhibit A include not only claims presently known to Executiveknown, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims released claims as described in the preceding Section 1. Executive understands Exhibit A. The Parties understand that he they may hereafter discover facts different from what he they now believes believe to be true, which if known, could have materially affected this ReleaseAgreement, but they nevertheless waives waive any claims or rights based on different or additional facts. Executive and the Company knowingly and voluntarily waives waive any and all rights or benefits that he they may now have, or in the future may have, under the terms of Section 1542 of the Civil Code of the State of California Civil Code(or any other state equivalent), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Transition and Retirement Agreement (Pacira BioSciences, Inc.)

Section 1542 Waiver. Executive understands and agrees agree that the Executive Released Claims claims released in Section 2 above include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims released claims as described in the preceding Section 12. Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but Executive nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under any other state or federal statute or common law principle limiting the scope of a general release, including but not limited to the terms of Section 1542 of the California Civil CodeCode of the State of California, which provides as follows: :` A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.

Appears in 1 contract

Samples: Separation Agreement and General Release (Lifecore Biomedical, Inc. \De\)

Section 1542 Waiver. Executive understands and agrees that the Executive Released Claims include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims as described in the preceding Section 12, above. Executive understands that he Executive may hereafter discover facts different from what he Executive now believes to be true, which if known, could have materially affected this ReleaseAgreement, but Executive nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives any and all rights or benefits that he Executive may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Employment Agreement (Ekso Bionics Holdings, Inc.)

Section 1542 Waiver. Executive understands and agrees agree that the Executive Released Claims claims released in Section 3 above include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims released claims as described in the preceding Section 13. Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but Executive nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives waive any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil CodeCode of the State of California, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HER HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH AND THAT, IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Nabriva Therapeutics PLC)

Section 1542 Waiver. Executive understands and agrees that the Executive Released Claims include not only claims presently known to Executive, but also include all unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the Executive Released Claims Claims, as described in the preceding Section 12. Executive understands that he may hereafter discover facts different from what he now believes to be true, which if known, could have materially affected this ReleaseAgreement, but he nevertheless waives any claims or rights based on different or additional facts. Executive knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER OR HER HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER HIS SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Executive Employment Agreement (Cybersource Corp)

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