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 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 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 they may have pursuant 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 reads 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 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 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 Parties hereby expressly waive the subject matter provisions of California Civil Code section 1542 and incorporate said section by reference into this Agreement and whichfurther expressly waive any right to invoke said provisions now or at any time in the future in connection with claims related to those asserted in Plaintiffs’ Lawsuit, if known the County’s Cross-Complaint, N.L.’s Charges, or suspected at which exist or may exist up through the time Effective Date of executing this Agreement, may have materially affected this settlement as expressed in this Agreement. NeverthelessThe Parties agree and understand that that factors which have induced them to enter into this Agreement may turn out to be incorrect or to be different from what they had previously anticipated, and they hereby expressly assume any and all of the parties hereby waive any right, Claim or cause risks thereof and further expressly assumes the risks of action that might arise as a result of such different or additional Claims or facts. The parties acknowledge that they each understand waiving the significance and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION rights provided by California Civil Code section 1542.

Waiver of Civil Code Section 1542. It is a further condition of this Agreement and is the intention of each of the parties in executing Parties that, subject to each of the Notis Lenders’ Exclusion and of the Goh Exclusion, this Agreement that the same shall be effective as a bar to each full and every Claim final accord, satisfaction, and release of all of the claims and other matters described hereinabove specified (individually and in collectively, the “Released Claim(s),” which Released Claim(s), the Parties specifically acknowledge, do not include either of the Notis Lenders’ Exclusion or the Goh Exclusion). In furtherance of this intention, each Party acknowledges and agrees that the parties hereby expressly waive release of Released Claims provided for in this Agreement shall extend to any and all rights Released Claims, whether known or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and expressly consent that this Agreement shall be given full force waives and effect according to each and all of its express terms and conditionsrelinquishes any right any Party may have under California Civil Code, including those relating to unknown and unsuspected claimsSection 1542, 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 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 Each Party expressly waives and releases any and all rights and benefits that they each such Party has or may hereinafter have under California Civil Code, Section 1542, and any other similar law or rule in any other jurisdiction pertaining to the matters released in this Agreement. Each Party understands, acknowledges, and agrees that he or it may later discover claims or facts in addition to to, or different from from, those which they that he or it now know knows or believe believes to exist with respect be true as to the Released 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 of his or its own choosing, if known or suspected at fully, finally, and forever, but, subject to each of the time Notis Lenders’ Exclusion and of executing the Goh Exclusion, to settle and release any and all Released Claims. In furtherance of this Agreement, may have materially affected this settlement as expressed in this Agreement. Neverthelessintention, the parties hereby waive releases of the Released Claims provided for under this Agreement shall be, and are to remain in effect as, full and complete releases of any right, Claim and all Released Claims notwithstanding the discovery of any additional claims or cause of action that might arise as a result of facts relating to such different or additional Claims or factsreleases. The parties acknowledge that they each understand the significance Settlement Agreement and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542Mutual Release Notis/PCH et al.

Waiver of Civil Code Section 1542. It is a further condition The Final Settlement Class members acknowledge that they each may have claims within the description of this Agreement paragraph X.A that are presently unknown and is the intention of the parties in executing this Agreement that the same shall be effective as a bar release contained in this Settlement Agreement is intended to each and every Claim hereinabove specified will fully, finally, and in furtherance forever discharge all such claims, whether known or unknown, to the extent they fall within the description of this intentionclaims being released above. ACCORDINGLY, the parties hereby expressly waive any and all rights or benefits conferred by the provisions of CALIFORNIA EACH FINAL SETTLEMENT CLASS MEMBER EXPRESSLY UNDERSTANDS AND AGREES TO WAIVE THE PROVISIONS OF, AND RELINQUISH ALL RIGHTS AND BENEFITS AFFORDED BY, CIVIL CODE SECTION 1542, AS TO THE RELEASED CLAIMS ONLY. 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 providesPROVIDES IN FULL 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 . In giving this waiver, the Final Settlement Class members acknowledge that they each may hereinafter hereafter discover claims or facts in addition to or different from those which they now know or believe to exist be true with respect to the subject matter of released claims, but agree that they have taken that possibility into account in reaching this Settlement Agreement and whichthat, if known notwithstanding the discovery or suspected at existence of any such additional or different facts, as to which the time of executing this AgreementFinal Settlement Class Members expressly assume the risk, may have materially affected this settlement they freely and voluntarily give the release 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 1542set forth above.

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 The Parties acknowledge that they have been informed by their attorneys of the parties in executing this Agreement that provisions of Section 1542 of the same shall be effective as a bar Civil Code of the State of California, and, to each and every Claim hereinabove specified and in furtherance of this intentionthe extent applicable, the parties Parties do each hereby expressly waive and relinquish any and all rights and benefits which they had, or benefits conferred by may have had, under Section 1542 of the provisions Civil Code of CALIFORNIA CIVIL CODE SECTION 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all the State of its express terms and conditionsCalifornia, including those relating to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to or any other Claims hereinabove specifiedfederal or state statutory or common law rights or rules similar to Section 1542. CALIFORNIA CIVIL CODE SECTION Section 1542 providesprovides 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 Parties each expressly waive and release any right or benefit which they have or may have under Section 1542, or any similar law or rule of any jurisdiction, to the full extent that they may waive all such right and benefits pertaining to the matters released in this Agreement. In connection with such waiver and relinquishment, the Parties acknowledge that they each are aware that they may hereinafter subsequently discover claims presently unknown or unsuspected, or facts in addition to or different from those which they now know or believe to exist be true 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 matters released in this Agreement. Nevertheless, it is the parties hereby waive any rightintention of the Parties, Claim through this Agreement, and with the advice of counsel, fully, finally, and forever to settle and release all such matters and all such claims which do now exist, may exist, or cause of action that might arise as a result previously have existed between the parties. In furtherance of such different or additional Claims or facts. The parties acknowledge that they each understand intention, the significance releases given by this Agreement shall be and consequence remain in effect as full and complete releases of such release and matters notwithstanding the discovery or existence of any such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542additional or different claims or facts relative to such matters.

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 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 I and participant and the Club further condition acknowledge that the terms of this Agreement have been negotiated and is agreed upon after considering the intention possibility of discovering facts other than, or different from, those which the parties Parties now know or believe to be true with respect to the subject matter covered by this Agreement, and the Parties intend to fully, release any all claims, known or unknown, suspected or unsuspected, contingent or non-contingent. Therefore, the Parties hereby expressly waives any rights such may have in executing this Agreement any claims, which now exist, or heretofore have existed upon any theory of law or equity now existing (or coming into existence in the future), without regard to the subsequent discovery or existence of such different or additional facts, and specifically and expressly waives all right or benefits that the same shall be effective Parties now have, or in the future may have, under California Civil Code section 1542, which provides 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 providesfollows: “A GENERAL RELEASE DOES NOT EXTEND TO THE 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 . Initial Property Loss: All personal property brought to the activity is brought at the sole risk of the participant as to its theft, damage, or loss. I and participant hold the club harmless for any theft, damage, or loss of stolen property. Initial Medical: I give my consent to emergency medical care and transportation in order to obtain treatment in the event of injury, as the Club may hereinafter discover claims deem appropriate. Initial Severability: Any provision or facts in addition portion of this Assumption of Risk, Hold Harmless and Release found to or different from those which they now know or believe to exist be invalid by the courts having jurisdiction shall be invalid only with respect to the subject matter of this Agreement and which, if known such provision 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 factsportion. The parties acknowledge that they each understand remaining provisions or portion hereof, shall be construed and enforced to the significance and consequence of same effect as if such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 1542.offending provision or portion thereof had not been contained herein. Initial NAME OF PARENT/LEGAL GUARDIAN SIGNATURE OF PARENT/LEGAL GUARDIAN DATE MEDICAL INFORMATION FULL NAME OF CAMPER CAMPER’S DATE OF BIRTH ALLERGIES MEDICATIONS MEDICAL HISTORY AND/OR SPECIAL CONDITIONS FAMILY PHYSICIAN NAME FAMILY PHYSICIAN PHONE NUMBER MEDICAL INSURANCE CARRIER MEDICAL INSURANCE GROUP/POLICY # MEDICAL INSURANCE CONTACT NUMBER EMERGENCY CONTACT INFORMATION FIRST EMERGENCY CONTACT FIRST EMERGENCY CONTACT CELL PHONE SECOND EMERGENCY CONTACT SECOND EMERGENCY CONTACT CELL PHONE NAMES OF PEOPLE OTHER THAN PARENTS/LEGAL GUARDIANS AUTHORIZED TO ESCORT CAMPER HOME FIRST & LAST NAME FIRST & LAST NAME FIRST & LAST NAME FIRST & LAST NAME

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. It is a further condition CTI and Enable each hereby acknowledge its familiarity with the provisions of this Agreement and is the intention Section 1542 of the parties in executing this Agreement that the same shall be effective as a bar to California Civil Code, and each and every Claim hereinabove specified and in furtherance of this intention, the parties hereby expressly waive waives and releases 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 conditionsit has or may have thereunder, including those relating to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to or under any other federal or state statutory rights or rules, or principles of common law or equity, or those of any jurisdiction, government, or political subdivision, similar to Section 1542 (“Similar Provision”). Thus, neither CTI nor Enable nor any of their respective related individuals or entities may invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in any manner any Claims hereinabove specifiedthat are released under this Agreement. CALIFORNIA CIVIL CODE SECTION 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 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.” The parties CTI and Enable each acknowledge that they each hereby expressly and knowingly acknowledges it hereafter may hereinafter discover claims Claims or facts in addition to or different from those which they now know it knows or believe believes to exist with respect to the subject matter of this Agreement and hereof which, if known or suspected at the time of executing this AgreementRelease, may have materially affected this settlement as expressed in this AgreementRelease. Nevertheless, CTI and Enable each affirms its intention, individually and on behalf of its respective related individuals and entities, hereby to fully, finally and forever release all disputes and differences, known or unknown, suspected or unsuspected, and whether or not concealed or hidden, including the parties hereby waive rights specified in California Civil Code Section 1542 or any rightSimilar Provision, 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 set forth in Sections 3.1 and consequence of such release and such specific waiver of CALIFORNIA CIVIL CODE SECTION 15423.2 above.

Waiver of Civil Code Section 1542. It is a further condition of this Agreement and is the intention of each of the parties in executing Parties that this Agreement that the same shall be effective as a bar to each full and every Claim hereinabove specified final accord, satisfaction and release of all of the claims and other matters as described in Paragraph 6, above (individually and collectively, the “Released Claim(s)”). In furtherance of this intention, each Party acknowledges and agrees that the parties hereby expressly waive release of Released Claims provided for in this Agreement shall extend to any and all rights Released Claims, whether known or benefits conferred by the provisions of CALIFORNIA CIVIL CODE SECTION 1542 unknown, suspected or unsuspected, disclosed or undisclosed, legal or equitable, and expressly consent that this Agreement shall be given full force waives and effect according to each and all of its express terms and conditionsrelinquishes any right any Party may have under California Civil Code, including those relating to unknown and unsuspected claimsSection 1542, 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 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 Each Party expressly waives and releases any and all rights and benefits that they each such Party has or may hereinafter have under California Civil Code, Section 1542, and any other similar law or rule in any other jurisdiction pertaining to the matters released in this Agreement. Each Party understands, acknowledges and agrees that he or it may later discover claims or facts in addition to to, or different from from, those which they he or it now know knows or believe believes to exist with respect be true as to the Released 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 of his or its own choosing, if known or suspected at the time fully, finally and forever to settle and release any and all Released Claims. In furtherance of executing this Agreement, may have materially affected this settlement as expressed in this Agreement. Neverthelessintention, the parties hereby waive releases of the Released Claims provided for under this Agreement shall be, and are to remain in effect as, full and complete releases of any right, Claim and all Released Claims notwithstanding the discovery of any additional claims or cause of action that might arise as a result of facts relating to 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 1542releases.

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.