Waiver of Known and Unknown Claims. EMPLOYEE expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance of this specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states as follows:
Waiver of Known and Unknown Claims. In executing this Agreement, Employee intends to bar each and every claim, demand and cause of action specified above; in furtherance of this intention Employee hereby expressly waives any and all rights and benefits conferred upon Employee by any statutory provision and expressly agrees that this Agreement will be given full force and effect according to each and all of its express terms and provisions. This Agreement extends to unknown and unsuspected claims, demands and causes of action, if any, as well as to those relating to any other claims, demands and causes of action hereinabove specified. Employee makes this waiver with full knowledge of Employee's rights, after adequate opportunity to consult with legal counsel. Employee acknowledges that Employee may hereafter discover claims or facts in addition to or different from those which Employee now knows or 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. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee hereby understands and acknowledges the significance and consequence of such release and waiver. This Agreement constitutes a full release in accordance with its terms. Participant knowingly and voluntarily waives the provisions of any statute, law, or rule that would limit the effect of this Agreement, and acknowledges and agrees that this waiver is an essential and material term of this Agreement, and without such waiver the severance payments to Participant would not have been paid.
Waiver of Known and Unknown Claims. I expressly understand and acknowledge that it is possible that I have unknown losses or claims against the Released Parties or that I may have underestimated the amount or extent of any claims or losses I believe I may have against the Released Parties. I expressly accept and assume the risk of such unknown or underestimated losses or claims and acknowledge and agree that the benefits to be provided to me pursuant to the Separation Agreement fully compensate me for such risks. I expressly acknowledge that this Release is intended to include all claims of any kind, including those that I do not know or suspect to exist in my favor. I expressly waive all rights under California Civil Code Section 1542 and any laws or principles of common law which are similar, comparable or equivalent to California Civil Code Section 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.”
Waiver of Known and Unknown Claims. The Employee represents that he is not aware of any disputes or causes of action he has other than the disputes and causes of action that are released by this Agreement. Employee acknowledges that he is familiar with the provisions of California Civil Code Section 1542, or any similar provision contained in the laws of the state in which Employee resides, 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. Employee, being aware of this code section, nonetheless agrees to expressly waive any rights he may have under it, as well as under any other statute or common law principles of similar effect.
Waiver of Known and Unknown Claims. Brockstedt hereby expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code (“Section 1542”) and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 states 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. Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release of Aduro, Brockstedt expressly acknowledges that this Agreement is also intended to include in its effect, without limitation, all claims that Brockstedt does not know or suspect to exist at the time of Brockstedt’s execution of this Agreement, and that all such claims are released by this Agreement.
Waiver of Known and Unknown Claims. Employee represents that she is not aware of any claim by her other than the claims that are released by this Agreement. Employee acknowledges that she has been advised by legal counsel and is familiar with the principle 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. Employee, being aware of this principle, agrees to expressly waive any rights she may have thereunder.
Waiver of Known and Unknown Claims. This Agreement shall in all respects be governed by the laws of the State of California. Occupant acknowledges that Occupant has been advised by legal counsel and is familiar with Section 1542 of the Civil Code of the State of California, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT NOW 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. Occupant expressly waives any right or benefit, which Occupant has or may have under Section 1542 of the California Civil Code or any other provision of the statutory or non-statutory law of any other jurisdiction. Occupant acknowledges that in the future Occupant may discover claims or facts in addition to or different from those that Occupant now knows or believes to exist with respect to the subject matter of this release, and Occupant intends to fully, finally and forever release all claims whether now or hereafter in existence with respect to the Agreement and the use of the Premises. This release will remain in effect as a full and complete release notwithstanding the discovery or existence of any additional claims or facts
Waiver of Known and Unknown Claims. The general releases in this Agreement 2 extend to claims the Releasing Parties do not know or suspect to exist in their favor, which, if 3 known by them, would have materially affected their decisions to enter into this Agreement. The 4 Parties, including the Releasing Parties, understand and acknowledge that they are familiar with 5 California Civil Code section 1542, which provides as follows:
Waiver of Known and Unknown Claims. Plaintiff and the Class Members have released claims, as provided for in sections III.F.1 and III.F.2 that include all such respective claims, whether known or unknown by the releasing party. Thus, even if Plaintiff or the Class Members discover facts in addition to or different from those that she or they now know or believe to be true with respect to the subject matter of their respective claims, those claims will remain released and forever barred. Therefore, with respect only to those respective released claims, Plaintiff and the Class Members expressly waive and relinquish the provisions, rights and benefits of section 1542 of the California Civil Code, which reads: 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.
Waiver of Known and Unknown Claims. This General Release covers claims that Executive knows about and those that he may not know about up through the date of this General Release. The only claims that are not being waived and released by Executive are claims he may have for: (a) violation of any federal, state, or local statutory and/or public policy, right, or entitlement that, by applicable law, is not waivable; (b) any wrongful act or omission occurring after the date Executive signs this Agreement; and (c) any lawful claims that Executive may make for unemployment compensation benefits. This General Release specifically includes any and all claims for attorney’s fees and costs that are incurred by Executive for any reason arising out of or relating to any or all matters covered by this Agreement.
