Waiver of Provisions of California Civil Code Section 1542. The Plaintiffs and DIRECTV Defendants shall, by operation of Final Approval and Judgment, be deemed to have waived the provisions, rights and benefits of California Civil Code Section 1542, and any similar law of any state or territory of the United States or principle of common law. In addition, Settlement Class Members shall, by operation of Final Approval and Judgment, be deemed to have waived the provisions, rights and benefits of California Civil Code Section 1542, and any similar law of any state or territory of the United States or principle of common law, but only with respect to the matters released as set forth in Sections 8.1-8.2 above. Section 1542 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 DIRECTV Defendants and Plaintiffs shall, by operation of the Final Approval Order and Judgment, be deemed to assume the risk that facts additional, different, or contrary to the facts which each believes or understands to exist, may now exist or may be discovered after the releases set forth in this Agreement becomes effective, and the Signing Parties and Settlement Class Members shall, by operation of the Final Approval Order and Judgment, be deemed to have agreed that any such additional, different, or contrary facts shall in no way limit, waive, or reduce the foregoing releases, which shall remain in full force and effect.
Waiver of Provisions of California Civil Code Section 1542. Concerning the Section 5 Release of the Agreement, each of Burbank, Purus, Xxxxxxx and the Committee, hereby waive the provisions of California Civil Code Section 1542, which provides in pertinent part: "A general release does not extend to claims to which the creditor does not know or it suspects 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."
Waiver of Provisions of California Civil Code Section 1542. The Class Representative and Defendants shall, by operation of Final Approval and Judgment, be deemed to have waived the provisions, rights and benefits of California Civil Code Section 1542, and any similar law of any state or territory of the United States or principle of common law. In addition, Settlement Class Members shall, by operation of Final Approval and Judgment, be deemed to have waived the provisions, rights and benefits of California Civil Code Section 1542, and any similar law of any state or territory of the United States or principle of common law, but only with respect to the matters released as set forth Section 10.1 above. Section 1542 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 Provisions of California Civil Code Section 1542. The Parties, and each of them, acknowledge, warrant, and represent that they are aware of and familiar with 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The Parties, after consultation with their respective attorneys, hereby expressly acknowledge that the effective import of California Civil Code Section 1542 has been fully explained to them by their attorneys and agree that, notwithstanding the provisions of California Civil Code Section 1542, the Claims Released by the ICU Medical and the Claims Released by Xxxxxxxx include any and all such Claims that are not known or suspected to exist at the time of the execution of this Agreement, and, to the fullest extent necessary to make effective such releases by the Parties of such not known or suspected Claims, the Parties hereby expressly waive and relinquish all rights and benefits which they may have under California Civil Code Section 1542 or the law of any other state or jurisdiction, or common law principle, to the same or similar effect.
Waiver of Provisions of California Civil Code Section 1542. Without limiting the general effect of the Mutual Releases being provided for herein, the Parties acknowledge that it is their intention by granting the Mutual Releases set forth herein, to release each other from any and all liability arising from or in connection with the Action and the Klisx Xxxck sale, purchase and transfer transaction provided for herein. In connection with the above referenced Mutual Releases as specifically described and provided for in this Agreement and for no other purpose, each of the Parties hereby waives the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "A general release does not extend to claims which 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." Each of the Parties hereto acknowledges, warrants and represents that they fully understand the terms contained herein, the respective waiver of Section 1542 of the Civil Code of the State of California, that they understand the significance of this Agreement and the matters provided for herein and further, that each of the Parties hereto relies solely on such Party's judgment and in so doing each of the Parties voluntarily accepts the terms set forth above for the purpose of making a full and final compromise, adjustment, resolution, and settlement of any claims, causes of action and damages which any of the Parties may have suffered, claims to have suffered or may suffer in connection with the Mutual Releases in the future. Each of the Parties further warrant and represent that they have been advised by their respective legal counsel, and that each such Party is acting knowingly and intelligently, among other things, upon the advice provided by their respective counsel.
