Common use of Waiver of Rights Under California Civil Code Section 1542 Clause in Contracts

Waiver of Rights Under California Civil Code Section 1542. The Company and the Executive acknowledge that they have been advised of and are familiar with the provisions of California Civil Code Section 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/her or her favor at the time of executing the release, which if known by him or her must have materially affected his/her or her settlement with the debtor.” Being aware of said code section, the Company and the Executive hereby expressly waive any rights they may have thereunder, as well as under any other statutes or common law principles of similar effect; provided, however, that such waiver is not intended to affect claims expressly preserved under the terms of the parties’ respective releases.

Appears in 7 contracts

Samples: General Release and Separation Agreement (Accuray Inc), General Release and Separation Agreement (Accuray Inc), General Release and Separation Agreement (Accuray Inc)

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Waiver of Rights Under California Civil Code Section 1542. The Company and the Executive acknowledge that they have been advised of and are familiar with the provisions of California Civil Code Section 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/her his or her favor at the time of executing the release, which if known by him or her must have materially affected his/her his or her settlement with the debtor.” Being aware of said code section, the Company and the Executive hereby expressly waive any rights they may have thereunder, as well as under any other statutes or common law principles of similar effect; provided, however, that such waiver is not intended to affect claims expressly preserved under the terms of the parties’ respective releases.

Appears in 4 contracts

Samples: General Release and Separation Agreement (Accuray Inc), General Release and Separation Agreement (Accuray Inc), General Release and Separation Agreement (Accuray Inc)

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Waiver of Rights Under California Civil Code Section 1542. The Company Releasors and the Executive acknowledge that they have been advised of and are familiar with the provisions of California Civil Code Section 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/her his or her favor at the time of executing the release, which if known by him or her must have materially affected his/her his or her settlement with the debtor.” Being aware of said code section, the Company Releasors and the Executive hereby expressly waive any rights they may have thereunder, as well as under any other statutes or common law principles of similar effect; provided, however, that such waiver is not intended to affect claims no released and/or expressly preserved under the terms of the parties’ respective releasesherein.

Appears in 1 contract

Samples: General Release and Separation Agreement (Accuray Inc)

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