Common use of Unknown Claims Clause in Contracts

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits 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 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. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that PlaintiffsPlaintiff, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits 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 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. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class RepresentativesRepresentative, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The With respect to the Released Claims include the release of Unknown Target Claims. “Unknown Claims” means claims that could have been raised in the Action , Plaintiffs and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Members shall be deemed to have, and by operation of the Settlement shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode (to the extent it is applicable, or any other similar provision under federal, state or local law to the extent any such provision is applicable), which provides as followsreads: 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 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. Upon Thus, subject to and in accordance with this Agreement, even if the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Plaintiffs and/or Settlement Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Members may discover facts in addition to or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Target Claims, but that it is their intention Plaintiffs and each Settlement Class Member, upon entry of Final Approval of the Settlement, shall be deemed to finally have and by operation of the Final Approval Order, shall have, fully, finally, and forever settle settled and release released all of the Released Target Claims. This is true whether such claims are known or unknown, including 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 any Unknown Claims they may have, as that term is defined in this Paragraphthe subsequent discovery or existence of such different or additional facts.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffswhich if known by the Releasing Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties shall have expressly waived, and any Releasing Party each Lender Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, 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 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 DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, DEBTOR OR RELEASED PARTY and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims. Nevertheless, but that it is their intention to finally Lender Plaintiffs shall expressly, fully, finally, and forever settle and release release, and each Lender Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims, including but whether or not limited concealed or hidden, without regard to any Unknown the subsequent discovery or existence of such different or additional facts. Lender Plaintiffs acknowledge, and Lender Class Members shall be deemed to have acknowledged, that the inclusion of “unknown” claims in the definition of Released Claims they may have, as that term is defined in this Paragraphwas separately bargained for and was a key element of the Agreement.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffsand the Settling Defendant’s Claims against Releasing Parties which Released Parties do not know or suspect to exist in his, her, or its favor as of the Effective Date, which if known by the Releasing Parties or Released Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims and Settling Defendant’s Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties and Released Parties shall have expressly waived, and any Releasing Party each OTC Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they and Released Parties may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims and Settling Defendant’s Claims. Nevertheless, but that it is their intention to finally Class Plaintiffs and the Released Parties shall expressly, fully, finally, and forever settle and release release, and each OTC Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims and Settling Defendant’s Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. Class Plaintiffs and the Released Parties acknowledge, and OTC Class Members shall be deemed to have acknowledged, that the inclusion of “Unknown Claims, including but not limited to any Unknown ” in the definition of Released Claims they may have, as that term is defined in this Paragraphand Settling Defendant’s Claims was separately bargained for and was a key element of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect With respect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or BANA Claims, Plaintiffs and the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Class Members shall be deemed to have, and by operation of the Settlement shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode (to the extent it is applicable, or any other similar provision under federal, state or local law to the extent any such provision is applicable), which provides as followsreads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon DEBTOR Case 3:16-cv-00492-L-WVG Document 69-2 Filed 10/31/17 PageID.582 Page 9 of 73 Thus, subject to and in accordance with this Agreement, even if the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Plaintiffs and/or Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Members may discover facts in addition to or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased BANA Claims, but that it is their intention Plaintiffs and each Class Member, upon entry of Final Approval of the Settlement, shall be deemed to finally have and by operation of the Final Approval Order, shall have, fully, finally, and forever settle settled and release released all of the Released BANA Claims. This is true whether such claims are known or unknown, including 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 any Unknown Claims they may have, as that term is defined in this Paragraphthe subsequent discovery or existence of such different or additional facts.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartySettlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release Artech and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past and present officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the Released Parties predecessors, successors, and assigns of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, 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 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. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Class Counsel acknowledge, and Settlement Class Members by operation of law shall be deemed to have acknowledged, that they and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Settlement ClassRepresentatives acknowledge, and the Releasing Parties acknowledge Settlement Class Members by operation of law shall be deemed to have acknowledged, that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims (i) any CAS Released Claims that could have been raised in accrued at the Action time of the signing of this Agreement and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do CAS Releasor does not know or suspect to existexist in its favor at the time of the release of such claims; and (ii) any Aviragen Released Claims that have accrued at the time of the signing of this Agreement and that any Aviragen Releasor does not know or suspect to exist in its favor at the time of the release of such claims, which, which if known by him, her or itthe releasing party, might affect his, her or have affected its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object decision(s) with respect to the Settlement. Upon the Effective Date, PlaintiffsWith respect to any and all CAS Released Claims and Aviragen Released Claims (collectively, the Settlement Class“Released Claims”), each of the parties acknowledges and agrees that it waives, relinquishes, surrenders, releases, and otherwise gives up any Releasing Party shall be deemed to haverights conferred by any law of any state or territory of the United States, and shall have, expressly waived and relinquished, to the fullest extent permitted by or principle of common law or foreign law, the provisionswhich is similar, rights and benefits of comparable, or equivalent to Section 1542 of the California Civil Code, which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each Each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge parties acknowledges that they it may discover facts in addition to or different from those that they now know known or believe believed to be true with respect to the subject matter of the ReleaseReleased Claims, but that it is their the intention of each party to finally completely, fully, finally, and forever settle extinguish any and release the all Released Claims, including but not limited known or unknown, suspected or unsuspected, which now exist, or heretofore existed, or may hereafter exist, and without regard to any the subsequent discovery of additional or different facts. Each party acknowledges that the release of Unknown Claims they may have, as that term is defined was separately bargained for and was a material element of this Agreement and was relied on by the parties in this Paragraphentering into the Agreement.

Unknown Claims. The term "Released Claims include Claims," as used in this Agreement, expressly covers all claims or possible claims by the parties, and confirms that Informix and Employee expressly waive and release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffspromise never to assert any such claims, any member of the Settlement Class or any Releasing Party, even if Informix and Employee do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release believe that they have such claims. Informix and Employee therefore waive the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section described in section 1542 of the Civil Code of California, and elect to assume all risks for claims that now exist in either Informix's or Employee's favor, whether known or unknown. Informix and Employee hereby waive any and all rights under section 1542 of the Civil Code of California Civil Code, and any analogous or similar provision applicable under state or local statutes which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral release does not extend to claims, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORwhich the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Upon Thus, notwithstanding the Effective Dateprovisions of section 1542, each and for the purpose of implementing a full and complete release and discharge of the Releasing Parties shall be deemed Employee Releasees and Informix Releasees, the parties expressly acknowledge that this Agreement is intended to haveinclude in its effect, without limitation, all Claims which he or it does not know of or suspect to exist in his or its favor at the time of signing this Agreement, and shall have, waived any and all provisions, rights and benefits conferred by any law that this Agreement contemplates the release of any statesuch Claim or Claims. FIFTH: CONFIDENTIALITY. Employee will not, unless required by law, disclose to others any information regarding the terms of this Agreement, the District of Columbia or territory of the United States, by federal law, or principle of common law, money and/or benefits being paid under it or the law fact of any jurisdiction outside its payment, except that Employee may disclose this information to Employee's immediate family, attorneys, accountants or other professional advisors to whom Employee must make the disclosure in order for them to render professional services to Employee. Employee will instruct them and they must agree, however, to maintain the confidentiality of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Codethis information just as Employee must. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined Nothing in this Paragraphparagraph shall prohibit any party or his/its counsel from disclosing the fact, amount or terms of this Agreement to a court, arbitrator, administrative agency or other tribunal of appropriate jurisdiction for the purpose of effectuating the provisions of this Agreement or as otherwise required by law.

Unknown Claims. The Released Claims include Subject to Section 16 Hustxx, xx his behalf and on behalf of the Hustxx Xxxeasing Parties, and Western Water, on its behalf and on behalf of the Western Water Releasing Parties, understand and hereby agree that this Agreement shall act as a release of Unknown any and all Hustxx Xxxeased Claims and Western Water Released Claims, respectively, whether known or unknown, arising, accruing or based on facts, events or circumstances in existence on or before the date hereof, whether known or unknown, that each of the Parties has, had or may ever have against each of the other Parties relating to the Hustxx Xxxeased Claims and the Western Water Released Claims. “Unknown Claims” means claims that could have been raised in the Action In this connection, each of Hustxx, xx his behalf and that Plaintiffs, any member on behalf of the Settlement Class Hustxx Xxxeasing Parties, and Western Water, on its behalf and on behalf of the Western Water Releasing Parties, acknowledge that, subject to Section 16 hereof, each hereby releases the Hustxx Xxxeased Claims, and Western Water Released Claims, respectively, whether such currently are known or any Releasing Partyunknown, do foreseen or unforeseen, suspected to exist or not know or suspect suspected to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 each of the Parties acknowledges that each has read, is familiar with, understands and waives the provisions of California Civil CodeCode Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateFurthermore, each of the Releasing Parties shall be deemed to have, acknowledges that the foregoing waivers were separately bargained for and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory are a key element of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in consideration for entering into this ParagraphAgreement.

Unknown Claims. The Released Claims Claims, as defined in Paragraph 33, include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, 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 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. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Parties do not know or suspect to existexist in their favor at the time of their granting a release, which, which if known by him, her or it, them might affect his, her or its agreement have affected their settlement of the Action. With respect to release the Released Parties or the any and all Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffsagainst any and all Released Parties, the Settlement Class, Parties stipulate and any agree that each Releasing Party shall be deemed to have, and shall have, have expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Cal. Civ. Code § 1542 or any federal, state or foreign law, rule, regulation or common-law doctrine that is similar, comparable, equivalent or identical to, or that has the effect in whole or part of, Section 1542 of the California Civil Code, which provides as followsprovides: “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 RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each DEBTOR OR RELEASED PARTY.” Each of the Releasing Parties shall be deemed to havehave acknowledged, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory operation of the United StatesFinal Judgment acknowledges, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which that he/she/it is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge aware that they he/she/it may hereafter discover facts in addition to other than or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited it is his/her/its intention to, and each of them shall be deemed upon the Effective Date to any Unknown Claims they may have, as that term is defined in this Paragraphwaived and fully, finally, and forever settled and released any and all Released Claims, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or non-contingent, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

Unknown Claims. The Released Claims include releases provided for in this Agreement extend to claims based on the release of Unknown Claims. “Unknown Claims” means claims that could have been raised facts alleged in the Action and California Class Action, Class Proof of Claim, Class Priority Claim, PAGA Proof of Claim, and/or Adversary Proceeding, that Plaintiffs, any member the Class Representatives, the Settlement Class, or members of the Settlement Class or any Releasing Party, (including the Priority Subclass and Unsecured Subclass) do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect his, her or its agreement to release have affected the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to enter into the Settlementrelease (“Unknown Claims”). Upon In releasing the Effective DateUnknown Claims, Plaintiffs, the Class Representatives and the Settlement Class, Class (including the Priority Subclass and any Releasing Party Unsecured Subclass) expressly waive (and each Settlement Class member by operation of law shall be deemed to havewaive) any and all protections, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits conferred by any law of the United States or any state or territory of the United States, or principle of common law, which governs or limits a person’s release of Unknown Claims, including Section 1542 of the California Civil Code, which provides as follows. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, The Parties acknowledge and understand (and each Settlement Class member by operation of the Releasing Parties law shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law acknowledge) the significance of these waivers of California Civil Code Section 1542 and/or of any stateother applicable law relating to limitations on releases of Unknown Claims. In connection with such waivers and relinquishment, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge (and each Settlement Class member by operation of law shall be deemed to acknowledge) that they are aware that they may hereafter discover facts in addition to to, or different from from, those that facts which they now know or believe to be true with respect to the subject matter of the ReleaseAgreement, but that it is their intention to they release fully, finally and forever settle and release the Released all Unknown Claims, including but not limited and in furtherance of such intention, the release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. The Parties acknowledge (and all Settlement Class members by operation of law shall be deemed to any acknowledge) that the release of Unknown Claims they may have, as that term is defined in this Paragraphset forth herein was separately bargained for and was key element of the settlement.

Unknown Claims. The Released Claims include Parties acknowledge that they may have sustained or acquired against each other claims, demands, losses, accounts, reckonings, debts, liabilities, indemnities, obligations, actions, causes of action, settlement costs, attorneys fees, court costs and expenses of a presently unknown and unforeseen nature which arise from or relate to the release of Unknown Claims. matters released hereby (“Unknown Claims” means claims ”). The Parties acknowledge that could have been raised in the Action and that Plaintiffsconnection with this Agreement, any member release of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Classclaims, and any Releasing Party dismissal they shall be deemed to haveknowingly and expressly waive Unknown Claims related thereto, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, including their rights and benefits under Section 1542 of the California Civil Code or under any similar provision of law. The Parties acknowledge that they are aware of Section 1542 of the California Civil Code, which provides as followsstates that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateThe Parties, and each of them, waive the Releasing applicability of Section 1542 to the releases contained herein. The Parties shall be deemed similarly waive with respect to have, the releases contained herein and shall have, waived any and all provisions, rights and benefits conferred by any statute, regulation or principle of common law of any state, the District of Columbia or territory civil law of the United States, by federal lawof any state, commonwealth, territory or other jurisdiction thereof, or principle of common law, or the law of any foreign country or other foreign jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, This Agreement contains releases that are full and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter complete releases of the Releasematters released herein, but that it is their intention to finally and forever settle and release the Released Claimsregardless of whether those matters are presently known or unknown, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphforeseen or unforeseen.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means Each Releasing Party acknowledges that it may hereafter discover facts different from, or in addition to, those which it now claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect believes to exist, which, if known by him, her or it, might affect his, her or its agreement be true with respect to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClaims, and agrees that this Agreement shall remain effective in all respects notwithstanding the discovery of such different, additional, or unknown facts. With respect to any and all Released Claims, each Releasing Party hereby expressly waives, and shall be deemed to have, and shall have, expressly waived and relinquishedhave waived, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the conferred by California Civil CodeCode Section 1542, which provides section reads 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, WHICH AND THAT, IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Each Releasing Parties Party further shall be deemed to have, and shall have, expressly waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode Section 1542. This release applies to any claim any Releasing Party may have arising out of, relating to, or in connection with the recording of calls as alleged in the Second Amended Complaint, whether that claim arises under CIPA or any other legal theory or cause of action relating to the recording of phone calls. For example, if a Settlement Class RepresentativesMember believes that a call as described in the Second Amended Complaint violated some law other than CIPA or breached a contract, the Settlement Classsuch a claim would be barred by this release. The Parties acknowledge, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to Settlement Class Members shall be true with respect to the subject matter deemed by operation of the ReleaseFinal Approval Order to have acknowledged, but that it the foregoing waivers are a material element of the Agreement of which this release is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragrapha part.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties Releasees of any of the foregoing or the Released Claims or might affect his, her her, or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits 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 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 DEBTORReleased Claims. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia Columbia, or any territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent related to Section 1542 the release of the California Civil CodeUnknown Claims. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. Settlement Class Representatives, Participating Settlement Class Members and Class Counsel acknowledge, and each Settlement Class Member by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a key element of the Settlement Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action Litigation and that Plaintiffs, any member of the Settlement Class Representative or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns, does not know or suspect to exist, which, if known by him, her her, or it, might affect his, her her, or its agreement to release Paysafe and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the Released Parties predecessors, successors, and assigns of any of the foregoing, or the Released Claims Claims, or might affect his, her her, or its decision to agree, object object, or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits 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 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. Upon the Effective Date, each of the Releasing Parties Settlement Class Representative and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States. Specifically, the Settling Parties stipulate and agree that upon the Effective Date, the Representative Plaintiff and Participating Settlement Class Members expressly shall have and by operation of the Final Approval Order and Judgment shall have, released any and all Released Claims, including Unknown Claims, and waived the provisions, rights, and benefits conferred by California Civil Code § 1542, and also any and all provisions, rights, and benefits conferred by any law of any state, province, or territory of the United States which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. The Settlement Class Representatives, the Representative and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Releaserelease, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member In furtherance of the Settlement Class or any Releasing Partyintentions set forth herein, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release each of the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of acknowledges that it is familiar with 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 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. Upon the Effective Date, each .” Each Party expressly waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Releasing Parties shall be deemed to have, Civil Code of the State of California and shall have, waived any and all provisions, rights and benefits to similar effect conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, States or foreign country or principle of common or civil law. In connection with such waiver and relinquishment, or the law of any jurisdiction outside each of the United States, which Parties acknowledges that it is similar, comparable aware that it or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they its attorneys or accountants may hereafter discover claims or facts in addition to or different from those that they which it now know knows or believe believes to be true exist with respect to the subject matter of this Termination Agreement or the Releaseother Party hereto, but that it is their its intention to hereby fully, finally and forever to settle and release all of the Released ClaimsMatters, including but not limited to * CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. disputes and differences known or unknown, suspected or unsuspected, which now exist, may exist or heretofore have existed between the Parties, except as otherwise expressly provided. In furtherance of this intention, the releases herein given will be and remain in effect as full and complete mutual releases notwithstanding the discovery or existence of any Unknown Claims they may have, as that term is defined in this Paragraphsuch additional or different claim or fact.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release Xxxxxxxx-Xxxxx and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the Released Parties predecessors, successors, and assigns of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, 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 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. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns s shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffsand the Settling Defendant’s Claims against Releasing Parties which Released Parties do not know or suspect to exist in his, her, or its favor as of the Effective Date, which if known by the Releasing Parties or Released Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims and Settling Defendant’s Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties and Released Parties shall have expressly waived, and any Releasing Party each Lender Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, DEBTOR and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they and Released Parties may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims and Settling Defendant’s Claims. Nevertheless, but that it is their intention to finally Lender Plaintiffs and the Released Parties shall expressly, fully, finally, and forever settle and release release, and each Lender Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims and Settling Defendant’s Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. Lender Plaintiffs and the Released ClaimsParties acknowledge, including but not limited and Lender Class Members shall be deemed to any have acknowledged, that the inclusion of Unknown Claims they may have, as that term is defined in this Paragraphthe definition of Released Claims and Settling Defendant’s Claims was separately bargained for and was a key element of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that PlaintiffsPlaintiff, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, 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 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. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class RepresentativesRepresentative, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Unknown Claims shall mean any Released Claims include Claim, as defined herein, that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in Attorney General, the Action and that PlaintiffsTrustee, any member of or the Settlement Class or any Releasing Party, Chais Parties do not know or suspect to existexist in its, whichhis or her favor at the time of giving its, his or her release in this Settlement Agreement that if known by him, her or it, him or her, might affect hishave affected its, his or her or its agreement settlement and release in this Settlement Agreement. With respect to release the Released Parties or the any and all Released Claims or might affect hisin Sections 8, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs9 and 10 of this Settlement Agreement, the Settlement ClassAttorney General, the Trustee and any Releasing Party shall be the Chais Parties expressly waive, or are deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by lawhave waived, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode section 1542 (to the extent it applies herein), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon Solely with respect to their respective Released Claims, the Effective DateAttorney General, each of the Releasing Trustee and the Chais Parties expressly waive, and shall be deemed to havehave waived, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law or foreign law, or the law of any jurisdiction outside of the United States, which that is similar, comparable or equivalent in effect to Section 1542 of the California Civil CodeCode section 1542. Class RepresentativesThe Attorney General, the Settlement Class, Trustee and the Releasing Chais Parties acknowledge that they may hereafter discover facts in addition to or different from those that they any of them now know knows or believe believes to be true with respect to the subject matter of the ReleaseReleased Claims, but that it is their intention the Attorney General, the Trustee and the Chais Parties shall expressly have and shall be deemed to have fully, finally and forever settle settled and release the released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or noncontingent, whether or not concealed or hidden, that now exist or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including but conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence or such different or additional facts. The Attorney General, the Trustee and the Chais Parties acknowledge and shall be deemed to have acknowledged that the foregoing waiver was separately bargained for and a key element of the settlement of which this release is a part. The Attorney General, the Trustee and the Chais Parties agree not limited to directly or indirectly assert any Unknown Claims they may haveclaim, as that term is defined in this Paragraphor commence, continue, institute or cause to be commenced any claim or proceeding, based upon any matter purported to be released hereby.

Unknown Claims. The Released Claims include that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Parties do not know or suspect to existexist in their favor at the time of their granting a release, which, which if known by him, her or it, them might affect his, her or its agreement have affected their settlement of the Action. With respect to release the Released Parties or the any and all Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffsagainst any and all Released Parties, the Settlement Class, Parties stipulate and any agree that each Releasing Party shall be deemed to have, and shall have, have expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights rights, and benefits of Cal. Civ. Code § 1542 or any federal, state, or foreign law, rule, regulation, or common-law doctrine that is similar, comparable, equivalent, or identical to, or that has the effect in whole or part of, Section 1542 of the California Civil Code, which provides as followsprovides: “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 RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each DEBTOR OR RELEASED PARTY.” Each of the Releasing Parties shall be deemed to havehave acknowledged, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory operation of the United StatesFinal Judgment acknowledges, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which that he/she/it is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge aware that they he/she/it may hereafter discover facts in addition to other than or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited it is his/her/its intention to, and each of them shall be deemed upon the Effective Date to any Unknown Claims they may have, as that term is defined in this Paragraphwaived and fully, finally, and forever settled and released any and all Released Claims, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or non-contingent, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffsand the Settling Defendant’s Claims against Releasing Parties which Released Parties do not know or suspect to exist in his, her, or its favor as of the Effective Date, which if known by the Releasing Parties or Released Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims and Settling Defendant’s Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties and Released Parties shall have expressly waived, and any Releasing Party each Lender Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they and Released Parties may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims and Settling Defendant’s Claims. Nevertheless, but that it is their intention to finally Class Plaintiffs and the Released Parties shall expressly, fully, finally, and forever settle and release release, and each Lender Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims and Settling Defendant’s Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. Lender Plaintiffs and the Released Parties acknowledge, and Lender Class Members shall be deemed to have acknowledged, that the inclusion of “Unknown Claims, including but not limited to any Unknown ” in the definition of Released Claims they may have, as that term is defined in this Paragraphand Settling Defendant’s Claims was separately bargained for and was a key element of the Agreement.

Unknown Claims. The release given pursuant to Section 4 hereof extends to “unknown” claims within the definition of Equity Investors Released Claims Claims, which unknown claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Equity Investors Releasors do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect hishave affected the decision to enter into the release. The Equity Investors Releasors irrevocably waive any and all provisions, her rights and benefits conferred by any law of the United States or its agreement to release any state or territory of the Released Parties United States, or principle of common law, or the Released Claims law of any jurisdiction outside the United States, which governs or might affect his, her or its decision to agree, object or not to object to the Settlementlimits a person’s release of unknown claims. Upon the Effective Date, Plaintiffs, the Settlement Class, The Equity Investors Releasors expressly waive and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquishedrelinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section § 1542 of the California Civil CodeCode (and any other similar law or provision with respect to Equity Investors Released Claims), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived The Equity Investors Releasors waive any and all provisions, rights and benefits conferred by any law of the United States, any state, the District law of Columbia any state or territory of the United States, by federal law, or and any principle of common law, or and the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode §1542. Class Representatives, the Settlement Class, and the Releasing Parties The Equity Investors Releasors acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Releasetheir release, but that it is their intention intention, as set forth above, to among other things fully, finally and forever settle and release the Equity Investors Released Claims, including but not limited to any Unknown Claims they may haveunknown claims, as that term is defined herein, and the subsequent discovery or existence of any such facts shall not in any way affect the effectiveness of this ParagraphAgreement or the release given by the Equity Investors Releasors.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits 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 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. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Settlement Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The Parties acknowledge, and Settlement Class Members shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Released Claims include releases provided for in this Release Agreement extend to claims based on facts that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Parties do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect his, her or its agreement to release have affected the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to enter into the Settlementrelease (“Unknown Claims”). Upon the Effective Date, Plaintiffs, the Settlement Class, The Releasing Parties expressly waive (and any Releasing Party each WARN Class and WARN Subclass member by operation of law shall be deemed to havewaive) any and all protections, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits conferred by any law of the United States or any state or territory of the United States, or principle of common law, which governs or limits a person’s release of Unknown Claims, including, but not limited to, Section 1542 of the California Civil Code, which provides as follows. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, The Parties acknowledge and understand (and each WARN Class and WARN Subclass member by operation of the Releasing Parties law shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law acknowledge) the significance of these waivers of California Civil Code Section 1542 and/or of any stateother applicable law relating to limitations on releases of Unknown Claims. In connection with such waivers and relinquishment, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge (and each WARN Class and WARN Subclass member by operation of law shall be deemed to acknowledge) that they are aware that they may hereafter discover facts in addition to to, or different from from, those that facts which they now know or believe to be true with respect to the subject matter of the ReleaseRelease Agreement, but that it is their intention to they release fully, finally and forever settle and release the Released all Unknown Claims, including but not limited and in furtherance of such intention, the release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. The Parties acknowledge (and all WARN Class and WARN Subclass members by operation of law shall be deemed to any acknowledge) that the release of Unknown Claims they may have, as that term is defined in this Paragraphset forth herein was separately bargained for and was a key element of the settlement.

Unknown Claims. The release given pursuant to Section 2 hereof extends to “unknown” claims within the definition of Released Claims Claims, which unknown claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Universal American Releasors do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect hishave affected the decision to enter into the release. The Universal American Releasors irrevocably waive any and all provisions, her rights and benefits conferred by any law of the United States or its agreement to release any state or territory of the Released Parties United States, or principle of common law, or the Released Claims law of any jurisdiction outside the United States, which governs or might affect his, her or its decision to agree, object or not to object to the Settlementlimits a person’s release of unknown claims. Upon the Effective Date, Plaintiffs, the Settlement Class, The Universal American Releasors expressly waive and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquishedrelinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section § 1542 of the California Civil CodeCode (and any other similar law or provision with respect to Released Claims), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived The Universal American Releasors waive any and all provisions, rights and benefits conferred by any law of the United States, any state, the District law of Columbia any state or territory of the United States, by federal law, or and any principle of common law, or and the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode §1542. Class Representatives, the Settlement Class, and the Releasing Parties The Universal American Releasors acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Releasetheir release, but that it is their intention intention, as set forth above, to among other things fully, finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may haveunknown claims, as that term is defined herein, and the subsequent discovery or existence of any such facts shall not in any way affect the effectiveness of this ParagraphAgreement or the release given by the Universal American Releasors.

Unknown Claims. Shure and XxxxxXxx expressly acknowledge and agree that this Agreement resolves all of the Litigations, as well as all actual or potential claims among the Parties, the Shure Patent Releasees, and the ClearOne Patent Releasees that are unknown, unanticipated, or unsuspected. The Released Claims include Parties acknowledge and understand the significance and potential consequences of this release of Unknown Claimsunknown claims. “Unknown Claims” means claims In this connection, the Parties acknowledge that could they may have sustained damages, losses, costs, or expenses that are presently unknown and unsuspected and that such damages, losses, costs, or expenses that may have been raised sustained may give rise to additional damages, losses, costs, or expenses in the Action future. The Parties further acknowledge that they have negotiated this Agreement taking into account presently unsuspected and that Plaintiffsunknown claims, any member counterclaims, causes of the Settlement Class or any Releasing Partyaction, do not know or suspect to existdamages, whichlosses, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Classcosts and expenses, and the Parties, on behalf of themselves and their Affiliates, voluntarily and with full knowledge of its significance, expressly waive and relinquish any Releasing and all rights they may have under any state, federal or other statute, rule or common law principle, in law or equity, relating to limitations on general releases. For example, with respect to any and all claims released by a Party to this Agreement, for good and valuable consideration, such Party agrees to and shall be deemed to havehave fully, finally, and shall have, forever expressly waived and relinquished, to the fullest extent permitted by law, the any and all provisions, rights rights, and benefits 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 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. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, Code and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, States or principle of common law, or the law of any jurisdiction outside of the United States, which that is similar, comparable comparable, equivalent, or equivalent identical to Section 1542 of the California Civil Code, which states as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Such Party may hereafter discover facts in addition to other than or different from those that they now know it knows or believe believes to be true with respect to the subject matter of the Releaseclaims and disputes released by this Agreement, but that it is their intention to finally each Party hereby expressly waives and fully, finally, and forever settle settles and release releases, upon the Released Claimsexecution of this Agreement, including but not limited any known or unknown, suspected or unsuspected, contingent or non-contingent claim that is released by this Agreement, without regard to any Unknown Claims they may have, as that term is defined in this Paragraphthe subsequent discovery or existence of such different or additional facts.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims any and all Released Claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do does not know or suspect to exist, exist in his or her favor as of the Effective Date and which, if known by him, her him or ither, might affect his, have affected his or her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object decision(s) with respect to the Settlement. Upon With respect to any and all Released Claims, the Parties stipulate and agree that upon the Effective Date, Plaintiffsall Settlement Class members shall have waived any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, the Settlement ClassDistrict of Columbia, and any Releasing Party shall be deemed or principle of common law or otherwise, which is similar, comparable, or equivalent to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil CodeCal. Civ. Code § 1542, 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 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. Named plaintiffs and Class Counsel acknowledge, and each Settlement Class member by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a key element of the Settlement Agreement. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include Xxxxxx Xxxxxxxx and the District acknowledge and agree that, for the consideration stated in this Agreement and as a material inducement to the parties to enter into this Agreement, this Agreement is intended as a full and complete release and discharge of Unknown Claims. “Unknown Claims” means any and all claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims Xxxxxx Xxxxxxxx may or might affect hishave or had against the District and/or any other party relating, her directly or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquishedindirectly, to the fullest extent permitted by lawDispute, and in accepting the consideration stated in this Agreement, after consulting with his representative or counsel of choice, Xxxxxx Xxxxxxxx hereby fully releases and discharges the District and each and every other party, including each past, present and future individual members of the Board of Directors for the District, of and from any and all liability of any nature whatsoever for all damages, general or special, exemplary or punitive, or injury or injuries to Xxxxxx Xxxxxxxx, specifically including, but not limited to, all expenses to which Xxxxxx Xxxxxxxx may have been put, and also including but not limited to, all consequential damages relating to, directly or indirectly, the provisionsDispute. Xxxxxx Xxxxxxxx understands and agrees FURTHER, rights and benefits of THAT ALL OF HIS RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE ARE HEREBY EXPRESSLY WAIVED. Xxxxxx Xxxxxxxx understands that Section 1542 of the California Civil Code, which Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon and that, if known by him or her, would have materially affect his or her settlement with the Effective Datedebtor or released party.” Thus, each notwithstanding the provisions of Section 1541, and for the purpose of implementing a full and complete release and discharge of the Releasing Parties shall be deemed District, Xxxxxx Xxxxxxxx expressly acknowledges that this Agreement is intended to haveinclude in its effect, without limitation, all claims relating to the Dispute which Xxxxxx Xxxxxxxx does not know or suspect to exist in his favor at the time of execution hereof, and shall have, waived any and all provisions, rights and benefits conferred by any law that this Agreement contemplates the extinguishment of any state, the District of Columbia such claim or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphclaims.

Unknown Claims. The Released Claims include Shareholder Agent, acting as the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action agent for and that Plaintiffs, any member with binding effect upon all of the Settlement Class or Shareholders, expressly waives any Releasing Partyand all rights and benefits conferred upon him and them by Section 1542 of the Civil Code of the State of California, do which states as follows, and under all similar federal and state statutes and common law principles: “A general release does not extend to claims which the creditor does not know or suspect to existexist in his or her favor at the time of executing the release, which, which if known by himhim or her must have materially affected his or her settlement with the debtor.” The Shareholder Agent, her or it, might affect his, her or its agreement to release acting as the Released Parties or agent for and with binding effect upon all of the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall haveShareholders, expressly waived agrees and relinquishedunderstands that the release given by him pursuant to this Release applies to all unknown, unsuspected and unanticipated claims, liabilities and causes of action which he (as Shareholder Agent or as a Key Shareholder or as a general Shareholder) or any Shareholder may have against SpaceDev or any of the other SpaceDev Releasees relating to or in connection with the fullest extent permitted by law, Merger Agreement and/or the provisions, Transactions. SpaceDev expressly waives any and all rights and benefits of conferred upon it by Section 1542 of the California Civil CodeCode of the State of California, which provides states as follows, and under all similar federal and state statutes and common law principles: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon which if known by him or her must have materially affected his or her settlement with the Effective Datedebtor.” SpaceDev expressly agrees and understands that the release given by it pursuant to this Release applies to all unknown, each unsuspected and unanticipated claims, liabilities and causes of action (other than those excluded by an express proviso) which it may have against the Shareholders or any of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition other Shareholders Releasees relating to or different from those that they now know or believe to be true in connection with respect to the subject matter of Merger Agreement and/or the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this ParagraphTransactions.

Unknown Claims. The Released Claims include It is the intention of the Parties to this Agreement that this Agreement shall be effective as a full mutual general release of Unknown Claims. “Unknown Claims” means each and every released matter set forth above pertaining to any and all actions, disputes and claims that which exist between the Plaintiffs, Defendants and SCII at the time of executing this Agreement, including without limitation all claims which were and/or could have been raised by the Plaintiffs and Defendants against one another in the Action Actions. Familiarity with Section 1542 . In furtherance of this intention, the Parties acknowledge that they are familiar with and that Plaintiffs, any member understand Section 1542 of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release Civil Code of the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the SettlementState of California. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, which Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” Waiver of Section 1542. Upon The Plaintiffs, Defendants and SCII expressly waive and relinquish every claim, right and/or benefit which they may have subject to California Civil Code § 1542. to the Effective Datefullest extent that the Plaintiffs, each of the Releasing Parties shall be deemed to haveDefendants and SCII may lawfully waive such claim, right and/or benefit. In connection with such waiver and shall have, waived any and all provisions, rights and benefits conferred by any law of any staterelinquishment, the District of Columbia or territory of the United StatesPlaintiffs, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, Defendants and the Releasing Parties SCII acknowledge that they are each aware that she/he/it may hereafter discover facts in addition to or and/or different from those that they now know or believe which are known and/or believed to be true with respect to the subject matter of the Releasethis Agreement, but and that it is their the intention of the Plaintiffs, Defendants and SCII hereby to fully, finally and forever settle and release all matters, disputes, differences, known and/or unknown, suspected and/or unsuspected, which may now exist and/or heretofore have existed by and among the Released ClaimsParties The release given herein shall be and remain in effect as a full and complete release, including but not limited to notwithstanding the discovery and/or existence of any Unknown Claims they may havesuch additional and/or different facts, as except only that term is defined the release in this Paragraphparagraph shall not apply to the enforcement of rights and obligations of each of the Parties under and pursuant to the terms of this Settlement Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims any and all Released Claims that could have been raised in the Action and that Plaintiffs, any member of the Participating Settlement Class or any Releasing Party, do Member does not know or suspect to exist, exist in his or her favor as of the Effective Date and which, if known by him, her him or ither, might affect his, have affected his or her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object decision(s) with respect to the Settlement. Upon With respect to any and all Released Claims, the Parties stipulate and agree that upon the Effective Date, Plaintiffsall Participating Settlement Class Members shall have waived any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, the Settlement ClassDistrict of Columbia, and any Releasing Party shall be deemed or principle of common law or otherwise, which is similar, comparable, or equivalent to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil CodeCal. Civ. Code § 1542, 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 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. Settlement Class Representatives and Class Counsel acknowledge, and each Participating Settlement Class Member by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a key element of the Settlement Agreement. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means With respect to any and all released claims that could have been raised in the Action and that Plaintiffsunder this Agreement, any member of the Settlement Class each Party under this Agreement shall expressly waive or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode §1542 (to the extent it applies herein), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateEach Party expressly waives, each of the Releasing Parties and shall be deemed to have, and shall have, have waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law or foreign law, or the law of any jurisdiction outside of the United States, which that is similar, comparable or equivalent in effect to Section 1542 of the California Civil CodeCode §1542. Class Representatives, the Settlement Class, and the Releasing The Parties acknowledge that they may hereafter discover facts in addition to or different from those that they any of them now know knows or believe believes to be true with respect to the subject matter of the ReleaseAgreement, but that it is their intention each Party shall expressly have and shall be deemed to have fully, finally and forever settle settled and release released any and all claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, that now exist or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the Released Claimsfuture, including but not limited conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to any Unknown Claims they may have, as the subsequent discovery or existence of such different or additional facts. Each Party acknowledges and shall be deemed to have acknowledged that term is defined in this Paragraphthe foregoing waiver was separately bargained for and a key element of the settlement of which the releases contained herein are a part.

Unknown Claims. The Unknown Claims shall mean any Restitution Fund Claimant Released Claims include Claim, as defined herein, that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do Restitution Fund Claimant does not know or suspect to existexist in its, which, his or her favor at the time of giving the release described in Section 1 of this Release that if known by him, her or it, him or her might affect hishave affected its, his or her or its agreement release as described in this Release. With respect to release the Released Parties or the any and all Restitution Fund Claimant Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffsin Section 1 of this Release, the Settlement ClassRestitution Fund Claimant hereby waives, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by lawhave waived, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode section 1542 (to the extent it applies herein), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon The Restitution Fund Claimant by virtue of submitting a Restitution Fund Claim and this Release to the Effective DateAttorney General hereby waives, each of the Releasing Parties and shall hereby be deemed to havehave waived, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law or foreign law, or the law of any jurisdiction outside of the United States, which that is similar, comparable or equivalent in effect to Section 1542 of the California Civil CodeCode section 1542. Class RepresentativesThe Restitution Fund Claimant hereby acknowledges, the Settlement Classin conjunction with waiving Unknown Claims, and the Releasing Parties acknowledge that they he, she or it may thereafter discover facts in addition to or different from those that they it, he or she now know knows or believe believes to be true with respect to the subject matter of the ReleaseRestitution Fund Claimant Released Claims, but that it is their intention the Restitution Fund Claimant shall expressly have and shall be deemed to have fully, finally and forever settle settled and release the released any and all Restitution Fund Claimant Released Claims, known or unknown, suspected or unsuspected, contingent or noncontingent, whether or not concealed or hidden, that now exist or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including but conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence or such different or additional facts. The Restitution Fund Claimant hereby acknowledges that the foregoing waiver was separately bargained for and is a key element of the settlement of which the release is a part. The Restitution Fund Claimant hereby agrees not limited to directly or indirectly assert any Unknown Claims they may haveclaim, as that term is defined in this Paragraphor commence, continue, institute or cause to be commenced any claim or proceeding, based upon any matter purported to be released hereby.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release ICCU and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the Released Parties predecessors, successors, and assigns of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, 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 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. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns s shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action Litigation and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release Xxxxx Health and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the Released Parties predecessors, successors, and assigns of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits 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 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. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns s shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The With respect to the XxXxxxx Released Claims include Matters and the release GCAC Released Matters, each of Unknown ClaimsXx. “Unknown Claims” means claims XxXxxxx and GCAC acknowledges and agrees that could have been raised there is a risk that subsequent to their respective execution of this Agreement, either will incur or suffer damage, loss or injury to persons or property that is in some way caused by or connected with Xx. XxXxxxx’x employment with GCAC or the Action and termination thereof, but that Plaintiffs, any member is unknown or unanticipated as of the Settlement Class date of this Agreement. Each of Xx. XxXxxxx and GCAC does hereby specifically assume such risk and agrees that this Agreement and the releases contained herein shall and do apply to all unknown or unanticipated results of any Releasing Party, do not know and all matters caused by or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties connected with Xx. XxXxxxx’x employment with GCAC or the Released Claims termination thereof, as well as those currently known or might affect hisanticipated, her except as otherwise expressly stated herein. Accordingly, each of Xx. XxXxxxx and GCAC acknowledges that he or its decision to agree, object or not to object to it has read the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits provisions of Section 1542 of the California Civil CodeCode Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateDEBTOR and that, after consultation with its own counsel, each of the Releasing Parties shall be deemed to havehereby expressly waives, relinquishes and shall have, waived forfeits all rights and benefits accorded by the provisions of California Civil Code Section 1542 and any and all provisions, rights rights, and benefits conferred by any law of any federal, state, the District of Columbia or territory of the United States, by federal foreign law, rule or principle of common law, or the common-law of any jurisdiction outside of the United States, which doctrine that is similar, comparable comparable, equivalent, or equivalent to Section 1542 of identical to, or which has the effect of, California Civil Code. Class Representatives, the Settlement ClassCode Section 1542, and furthermore waives any rights that he or it may have to invoke said provisions now or in the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true future with respect to the subject matter of XxXxxxx Released Matters or the Release, but that it is their intention to finally and forever settle and release the GCAC Released Claims, including but not limited to any Unknown Claims they may haveMatters, as that term is defined in this Paragraphapplicable.

Unknown Claims. The With respect to the Released Claims include the release of Unknown Capital One Claims. “Unknown Claims” means claims that could have been raised in the Action , Plaintiffs and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Members shall be deemed to have, and by operation of the Settlement shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode (to the extent it is applicable, or any other similar provision under federal, state or local law to the extent any such provision is applicable), which provides as followsreads: 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 RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER HER, MUST WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon Thus, subject to and in accordance with this Agreement, even if the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Plaintiffs and/or Settlement Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Members may discover facts in addition to or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Capital One Claims, but that it is their intention Plaintiffs and each Settlement Class Member, upon entry of Final Approval of the Settlement, shall be deemed to finally have and by operation of the Final Approval Order, shall have, fully, finally, and forever settle settled and release released all of the Released Capital One Claims. This is true whether such claims are known or unknown, including 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 any Unknown Claims they may have, as that term is defined in this Paragraphthe subsequent discovery or existence of such different or additional facts.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect With respect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or BANA Claims, Plaintiffs and the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Class Members shall be deemed to have, and by operation of the Settlement shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil CodeCode (to the extent it is applicable, or any other similar provision under federal, state or local law to the extent any such provision is applicable), which provides as followsreads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon DEBTOR Thus, subject to and in accordance with this Agreement, even if the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Plaintiffs and/or Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Members may discover facts in addition to or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased BANA Claims, but that it is their intention Plaintiffs and each Class Member, upon entry of Final Approval of the Settlement, shall be deemed to finally have and by operation of the Final Approval Order, shall have, fully, finally, and forever settle settled and release released all of the Released BANA Claims. This is true whether such claims are known or unknown, including 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 any Unknown Claims they may have, as that term is defined in this Paragraphthe subsequent discovery or existence of such different or additional facts.