Common use of Waiver of Civil Code Section 1542 Clause in Contracts

Waiver of Civil Code Section 1542. It is a further condition of this Agreement and is the intention of the parties in executing this Agreement that the same shall be effective as a bar to each and every Claim hereinabove specified and in furtherance of this intention, the parties hereby expressly waive any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other Claims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 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.” The parties each acknowledge that they each may hereinafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement as expressed in this Agreement. Nevertheless, the parties hereby waive any right, Claim or cause of action that might arise as a result of such different or additional Claims or facts. The parties acknowledge that they each understand the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Waiver of Civil Code Section 1542. It is a further condition of this Agreement and is the intention of the parties Employee in executing this Agreement that the same shall be effective as a bar as to each and every Claim hereinabove claim, demand and cause of action specified and above and, in furtherance of this intention, the parties Employee hereby expressly waive waives any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actionactions, if any, as well as those relating to any other Claims hereinabove specifiedclaims, demands and causes of actions specified above. CALIFORNIA CIVIL CODE SECTION 1542 provides: “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.” The parties each acknowledge Employee acknowledges that they each Employee may hereinafter later discover claims or facts in addition to or different from those which they Employee now know knows or believe believes to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement as expressed in this Agreement. Nevertheless, the parties Employee hereby waive waives any right, Claim claim or cause of action that might arise as a result of such different or additional Claims claims or facts. The parties acknowledge Employee acknowledges that they each understand Employee understands the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Waiver of Civil Code Section 1542. It is a further condition (a) Alphatec, Healthpoint and OrthoTec, and each of them, expressly understand that there may be unknown or unanticipated damages, injuries, or losses resulting from conduct, acts, omissions or other circumstances occurring prior to the date of this Agreement, including matters alleged in (or related to) the Alphatec Action, the Healthpoint Action, the Carli Action, and the Xxxxxxxxx action, and that such damages, injuries, and losses may not be discovered until after execution of this Agreement or after the time of this Agreement. Except as expressly set forth in this Agreement, Alphatec, Healthpoint and is the intention OrthoTec, and each of the parties in executing this Agreement them, hereby expressly agree that the same releases contained herein nevertheless shall apply to all such unknown or unanticipated damages, injuries or losses. Alphatec, Healthpoint and OrthoTec, and each of them, further expressly understand that a damage, injury or loss of which they are now aware may be effective more serious than now known or understood, or may have future consequences that are not now anticipated or suspected. Except as a bar expressly set forth in this Agreement, Alphatec, Healthpoint and OrthoTec, hereby expressly agree that the releases contained herein nevertheless shall apply to such unknown or unanticipated consequences. (b) Alphatec, Healthpoint and OrthoTec, and each of them, have read California Civil Code section 1542, which provides as follows: (c) Except as expressly limited in this Agreement, Alphatec, Healthpoint and every Claim hereinabove specified OrthoTec, and in furtherance each of them, acknowledge that they understand this intentionstatute, the parties hereby and expressly waive any and all rights or and benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of action, if anyCalifornia Civil Code section 1542, as well as those relating to all rights and benefits of any similar law of any other Claims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 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 RELEASEjurisdiction for unknown or unanticipated damages, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties each acknowledge that they each may hereinafter discover claims injuries, or facts in addition to losses arising out of conduct, acts, omissions or different from those which they now know or believe to exist with respect other circumstances occurring prior to the subject matter date of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement as expressed including matters alleged in this Agreement. Neverthelessor related to the Alphatec Action, the parties hereby waive any rightHealthpoint Action, Claim or cause of action that might arise as a result of such different or additional Claims or facts. The parties acknowledge that they each understand the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542Carli Action and/or the Xxxxxxxxx Action.

Waiver of Civil Code Section 1542. It is a further condition of With respect to the claims waived or release as set forth in this Agreement Agreement, Buyer and is the intention of the parties in executing this Agreement that the same shall be effective as a bar Seller acknowledge to each other they have been advised by legal counsel of their own selection and every Claim hereinabove specified and in furtherance of this intention, the parties hereby expressly waive any and all rights or benefits conferred by are familiar with the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditionsCalifornia Civil Code Section 1542, including those relating to unknown and unsuspected claims, demands and causes of action, if any, which provides as well as those relating to any other Claims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 providesfollows: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER HIM/HER, MUST HAVE MATERIALLY AFFECTED HIS OR HIS/HER SETTLEMENT WITH THE DEBTOR.” The parties " THE UNDERSIGNED, BEING AWARE OF SAID CODE SECTION, EACH HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING TO THE WAIVERS AND RELEASES. Further, each acknowledge that they each Party represent and warrant to the other it is executing this Agreement with full knowledge of any and all rights which it may hereinafter discover claims or facts in addition to or different from those which they now know or believe to exist have by reason of any of the matters described herein with respect to the subject matter Property. Each Party assumes the risk of mistake of fact in connection with the true facts involved in connection with the matters described herein, and with respect to any facts which are now unknown to either Party relating thereto and agrees that this Agreement shall be in all respects enforceable and which, if known not subject to termination or suspected at the time of executing this Agreement, may have materially affected this settlement as expressed rescission by any such difference in this Agreement. Nevertheless, the parties hereby waive any right, Claim or cause of action that might arise as a result of such different or additional Claims or facts. The parties acknowledge that they each understand the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.SELLER BUYER

Waiver of Civil Code Section 1542. It is a further condition of this Agreement (a) The Executive and is the intention of the parties in executing this Agreement Commerce and its Related Entities understand and agree that the same shall be effective as a bar their releases provided herein extend to each all Claims released above, whether known or unknown, suspected or unsuspected. The Executive and every Claim hereinabove specified Commerce and in furtherance of this intention, the parties hereby its Related Entities expressly waive and relinquish any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditionshe/it may have under California Civil Code Section 1542, including those relating to unknown and unsuspected claims, demands and causes of action, if any, which provides as well as those relating to any other Claims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 providesfollows: “"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.” " (b) The parties Executive expressly waives and releases any rights and benefits which he has or may have under any similar law or rule of any other jurisdiction. It is the intention of each acknowledge that they each may hereinafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of party through this Agreement and whichwith the advice of counsel to fully, if known or suspected at finally and forever settle and release the time Claims as set forth in Section 11(a), above. In furtherance of executing this Agreement, may have materially affected this settlement as expressed in this Agreement. Neverthelesssuch intention, the parties hereby waive any right, Claim or cause of action that might arise release herein given shall be and remain in effect as a result full and complete release of such different or matters notwithstanding the discovery of any additional Claims or facts. The parties acknowledge facts relating thereto. (c) To the extent that Section 1542 may be deemed to apply to the Company's and/or Commerce's release set forth in Section 11(b), the Company and Commerce, on behalf of themselves and their Related Entities, expressly waive and relinquish any and all rights it or they each understand the significance may have under such section, and consequence any rights and benefits which it or they may have under any similar law or rule of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542any other jurisdiction.

Waiver of Civil Code Section 1542. It is a further condition of this Agreement (a) The Executive and is the intention of Company and its Related Entities understand and agree that their releases provided herein extend to all Executive Claims and Company Claims released above whether known or unknown, suspected or unsuspected. The Executive and the parties in executing this Agreement that the same shall be effective as a bar to each Company and every Claim hereinabove specified and in furtherance of this intention, the parties hereby its Related Entities expressly waive and relinquish any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditionshe/it may have under California Civil Code Section 1542, including those relating to unknown and unsuspected claims, demands and causes of action, if any, which provides as well as those relating to any other Claims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 providesfollows: “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.” ” (b) The parties Executive expressly waives and releases any rights and benefits which he has or may have under any similar law or rule of any other jurisdiction. It is the intention of each acknowledge that they each may hereinafter discover claims party through this Agreement to fully, finally and forever settle and release the Executive Claims and the Company Claims as set forth above. In furtherance of such intention, the release herein given shall be and remain in effect as a full and complete release of such matters notwithstanding the discovery of any additional Executive Claims, Company Claims or facts in addition relating thereto. (c) To the extent that Section 1542 may be deemed to or different from those which they now know or believe to exist with respect apply to the subject matter Company’s release set forth in Section 12(b), the Company on behalf of this Agreement itself and whichits Related Entities, if known expressly waives and relinquishes any and all rights it or suspected at the time of executing this Agreement, they may have materially affected this settlement as expressed in this Agreement. Neverthelessunder such Section, the parties hereby waive and any right, Claim rights and benefits which it or cause they may have under any similar law or rule of action that might arise as a result of such different or additional Claims or facts. The parties acknowledge that they each understand the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542any other jurisdiction.

Waiver of Civil Code Section 1542. It is a further condition of this Agreement and is the Employee’s intention of the parties in executing signing this Agreement that the same shall it should be effective as a bar to each and every Claim hereinabove specified claim, demand and in cause of action stated above. In furtherance of this intention, the parties Employee hereby expressly waive waives any and all rights or and benefits conferred upon Employee by the provisions provision of SECTION 1542 OF THE CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent consents that this Agreement shall be given full force and effect according to each and all of its express terms and conditionsprovisions, including those relating to unknown and unsuspected claims, demands and causes of action, if anyany , as well as those relating to any other Claims hereinabove specifiedclaims, demands and causes of action referred to above. CALIFORNIA CIVIL CODE SECTION Section 1542 providesstates as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties each acknowledge that they each may hereinafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement as expressed in this Agreement. Nevertheless, the parties hereby This general release does not waive any rightrights that cannot be waived by law. Employee is not waiving any claim for workers compensation although Employee acknowledges that he has not sustained a work-related injury, Claim either physical or cause of action that might arise mental, and has no intent to file a claim against Company as a result of such different any work-related injury sustained in the course of Employee’s employment with Company. Employee is not precluded from filing a charge with or additional Claims participating in an investigation or facts. The parties acknowledge that they each understand proceeding conducted by the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542Equal Employment Opportunity Commission or government agency so long as Employee does not seek reinstatement, damages or remedies as to any claim released or any right which is hereby waived.

Waiver of Civil Code Section 1542. It is a further condition If the Conditions Precedent are satisfied, the Parties acknowledge and agree that the release of the Claims provided for in this Agreement shall extend to any and is the intention of the parties in executing this Agreement that the same shall be effective as a bar to each all Claims accruing before January 1, 2025, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and every Claim hereinabove specified and in furtherance of this intention, the parties hereby expressly waive and relinquish any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditionsParties may have under California Civil Code Section 1542, including those relating to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other Claims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 provideswhich provides that: “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.” DEBTOR OR RELEASED PARTY. The parties each acknowledge Parties expressly waive and release any and all rights and benefits which they have, or may have, under Civil Code Section 1542. Each of the Parties understands, acknowledges and agrees that they each it may hereinafter later discover claims or facts in addition to to, or different from from, those which they it now know knows or believe believes to exist with respect be true as to the Claims or the subject matter of this Agreement, but it is the intention of each of the Parties, through and in accordance with this Agreement and whichwith the advice of counsel, if known to fully, finally and forever settle and release any and all Claims directly related to or suspected at directly arising from the time claims and allegations that were the subject of executing the Complaint in the Action. The releases of the Claims provided for under this AgreementAgreement shall be, may have materially affected this settlement and are to remain in effect as, full and complete releases of any and all Claims directly related to or directly arising from the claims and allegations that were the subject of the Complaint in the Action notwithstanding the discovery of any additional claims or facts relating to such releases prior to January 1, 2025. Nothing herein shall be construed as expressed a waiver of any Party’s rights to bring claims against another Party under the constitutional and statutory provisions upon which the claims in this Agreementthe Action were brought that are not directly related to or directly arising from the claims and allegations that were the subject of the Complaint. NeverthelessMoreover, the parties hereby waive any right, Claim or cause of action Parties expressly agree that might arise nothing herein shall be construed as a result of such different or additional Claims or facts. The parties acknowledge that they each understand the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542any Party’s rights to bring claims against another Party accruing on or after January 1, 2025, regardless of whether those claims in any way relate to or arise from the claims and allegations that were the subject of the Complaint.

Waiver of Civil Code Section 1542. It is a further condition of this Agreement and is the intention of the parties Executive in executing this Agreement Release that the same shall be effective as a bar to each and every Claim hereinabove specified and in (except for those Claims specifically not covered by the release set forth above). In furtherance of this intention, the parties Executive hereby expressly waive waives any and all rights or and benefits conferred upon his by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent consents that this Agreement Release shall be given full force and effect according to each and all of its express terms and conditionsprovisions, including those relating related to unknown and unsuspected claims, demands and causes of actionClaims, if any, as well as those relating to any other Claims hereinabove specifiedspecified (except, in each case, for those Claims specifically not covered by the release set forth above). CALIFORNIA CIVIL CODE SECTION 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS A CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties each acknowledge Executive acknowledges that they each he may hereinafter hereafter discover claims Claims or facts in addition to or different from those which they Executive now know knows or believe believes to exist with respect to the subject matter of this Agreement Release and which, if known or suspected at the time of executing this AgreementRelease, may have materially affected this settlement as expressed in this Agreementsettlement. Nevertheless, the parties Executive hereby waive waives any right, Claim or cause of action that might arise as a result of such different or additional Claims or facts. The parties acknowledge Executive acknowledges that they each understand he understands the significance and consequence consequences of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Waiver of Civil Code Section 1542. It is a further condition of this Agreement the consideration hereof and is the intention of Xxxxxx and the parties Company in executing this Agreement instrument that the same shall be effective as a bar as to each and every Claim claim, demand, and cause of action hereinabove specified and and, in furtherance of this intention, Xxxxxx and the parties Company hereby expressly waive any and all rights or benefits conferred by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of actionactions, if any, as well as those relating to any other Claims claims, demands and causes of actions hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 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.” The parties each Xxxxxx and the Company acknowledge that they each may hereinafter hereafter discover claims or facts in addition to or different from those which that they now know or believe to exist with respect to the subject matter of this Agreement and whichthat, if known or suspected at the time of executing this Agreement, may have materially affected this settlement as expressed in this Agreementsettlement. Nevertheless, Xxxxxx and the parties Company hereby waive any right, Claim claim or cause of action that might arise as a result of such different or additional Claims claims or facts. The parties acknowledge that they each understand the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.

Waiver of Civil Code Section 1542. (a) It is further understood and agreed that as a further condition of this Agreement and is the intention Agreement, all rights under Section 1542 of the parties Civil Code of the State of California are expressly waived by Executive and the Companies, except as expressly excepted in executing this Agreement that the same shall be effective as a bar to each Sections 12(a), 12(b), 13(c), and every Claim hereinabove specified and in furtherance 13(d) of this intention, the parties hereby expressly waive any and all rights or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according Agreement. Such Section reads as follows: "A General Release does not extend to each and all of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other Claims hereinabove specified. CALIFORNIA CIVIL CODE SECTION 1542 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.” The parties each acknowledge that they each may hereinafter discover claims or facts in addition to or different from those which they now a creditor does not know or believe suspect to exist with respect to the subject matter of this Agreement and which, if known or suspected in his favor at the time of executing this Agreementthe Release, may which if known by him must have materially affected this his settlement as expressed with the debtor." (b) Executive and the Companies expressly waive and release any rights and benefits which either has or may have under any similar law or rule of any other jurisdiction pertaining to the matters released herein. (c) Notwithstanding Sections 12(a), 13(a) and 13(b) above, nothing in this Agreement shall be deemed to be a waiver or release by Executive of Executive's rights under California Labor Code Section 2802 regarding any acts by Executive prior to November 11, 2003 or of Executive's right to indemnity as provided in the Companies' bylaws or as otherwise provided in paragraph 16 of this Agreement. (d) Notwithstanding Sections 12(b), 13(a) and 13(b) above, nothing in this Agreement shall be deemed a waiver or release by the Companies of any claim against Executive based on any act or omission by Executive not presently known to any officer or director of the Companies which constitutes a breach of fiduciary duty or other unlawful act by Executive. NeverthelessIf such claim is ever brought, however, it shall not relieve the Companies of their obligations under this Agreement or the exhibits hereto. (e) No party hereto has any right to rescind, change, modify and/or offset its obligations under this Agreement and the Exhibits hereto, including, without limitation, the parties hereby waive any rightcomputation or the amounts of the Deferred Amount, Claim or cause of action that might arise the Holdings Deferred Shares, and the Channel Deferred Shares and Executive's options to purchase shares under the Holdings Option Agreement and the Channel Option Agreement, except as a result of otherwise provided in such different or additional Claims or facts. The parties acknowledge that they each understand the significance and consequence of Exhibits if such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542provision exists.