Common use of Waiver of California Civil Code § 1542 Clause in Contracts

Waiver of California Civil Code § 1542. The Named Plaintiffs acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and the Named Plaintiffs’ Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release any and all of the Named Plaintiffs’ Released Claims, without regard to the subsequent discovery or existence of such different additional facts. The Named Plaintiffs waive any and all rights and benefits afforded by California Civil Code § 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. The Named Plaintiffs and Class Counsel understand and acknowledge the significance of this waiver of California Civil Code Section 1542 and/or of any other applicable federal or state law relating to limitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement and Release, Settlement Agreement and Release

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Waiver of California Civil Code § 1542. The Named Plaintiffs Source Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and the Named Plaintiffs’ Source Settlement Class Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release any and all of the Named Plaintiffs’ Source Settlement Class Released Claims, without regard to the subsequent discovery or existence of such different additional facts. The Named Plaintiffs Source Settlement Class Members waive any and all rights and benefits afforded by California Civil Code § 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. The Named Plaintiffs Source Settlement Class Members and Class Counsel understand and acknowledge the significance of this waiver of California Civil Code Section 1542 and/or of any other applicable federal or state law relating to limitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement and Release, Settlement Agreement and Release

Waiver of California Civil Code § 1542. The Named Plaintiffs Chart Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and the Named Plaintiffs’ Chart Settlement Class Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release any and all of the Named Plaintiffs’ Chart Settlement Class Released Claims, without regard to the subsequent discovery or existence of such different additional facts. The Named Plaintiffs Chart Settlement Class Members waive any and all rights and benefits afforded by California Civil Code § 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. The Named Plaintiffs Chart Settlement Class Members and Class Counsel understand and acknowledge the significance of this waiver of California Civil Code Section 1542 and/or of any other applicable federal or state law relating to limitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement and Release, Settlement Agreement and Release

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Waiver of California Civil Code § 1542. The Named Plaintiffs Expungement Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation and the Named Plaintiffs’ Expungement Settlement Class Released Claims, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release any and all of the Named Plaintiffs’ Expungement Settlement Class Released Claims, without regard to the subsequent discovery or existence of such different additional facts. The Named Plaintiffs Expungement Settlement Class Members waive any and all rights and benefits afforded by California Civil Code § 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. The Named Plaintiffs Expungement Settlement Class Members and Class Counsel understand and acknowledge the significance of this waiver of California Civil Code Section 1542 and/or of any other applicable federal or state law relating to limitations on releases.

Appears in 2 contracts

Samples: Settlement Agreement and Release, Settlement Agreement and Release

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