Common use of Waiver of Section 1542 Clause in Contracts

Waiver of Section 1542. As to the Released Claims only, upon entry of the Final Approval Order and Judgment, the Plaintiffs and each Settlement Class Member expressly waives and relinquishes the provisions, rights, and benefits of Section 1542 of the California Civil Code, 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. and any and all provision, rights, and benefits of any similar, comparable, or equivalent state, federal, or other law, rule, or regulation or the common law or equity. The Plaintiffs and each Settlement Class Member may hereafter discover facts other than, different from, or in addition to those that he, she or it knows or believes to be true and, except as otherwise set forth herein, the Plaintiffs and each Settlement Class Member hereby expressly waives and fully, finally, and forever settles, releases, and discharges all known or unknown, suspected or unsuspected, continent or non-contingent Released Claim as of the date of entry of the Preliminary Approval Order, whether or not concealed or hidden, and without regard to the subsequent discovery or existence of such other, different, or additional facts. The Plaintiffs acknowledge, and the Settlement Class Members shall be deemed by operation of the Final Approval Order and Judgment to have acknowledged that the waivers in this Paragraph 41 were separately bargained for and are a material element of this Agreement. The waivers in this Paragraph 41 apply only to the Released Claims and not to any other claims.

Waiver of Section 1542. As to The Parties have been informed of and acknowledge that they understand the Released Claims only, upon entry of the Final Approval Order and Judgment, the Plaintiffs and each Settlement Class Member expressly waives and relinquishes the provisions, rights, and benefits provisions of Section 1542 of the California Civil CodeCode of the State of California, which providesprovides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATTHIS RELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR. Each Party acknowledges that it waives and relinquishes all rights and benefits which it has or may have under Section 1542 of the Civil Code of the State of California, or the law of any other state or jurisdiction to the same or similar effect, to the full extent it may lawfully waive all such rights and all provisionbenefits pertaining to the subject matter of this Agreement. For the sake of absolute clarity, rightsthe Parties have included the following language so that there is no misunderstanding about the broad scope of the release being sought and given hereunder by each of the Parties. Thus, notwithstanding the provisions of Section 1542, and benefits for the purpose of implementing a full and complete release and discharge of the Parties, Related Parties, and Releasees, as defined above, the parties expressly acknowledges that this release is intended to include in its effect, without limitation, all claims not known or suspected to exist at the time of signing this Settlement Agreement, and that this release contemplates the extinguishment of any similarsuch claim or claims which a Party may have against the other, comparable, or equivalent state, federal, or other law, rule, or regulation or the common law or equityRelated Parties and/or Releasees. The Plaintiffs Parties warrant that they have read this Settlement Agreement, including this waiver of California Civil Code Section 1542, and each that they have consulted counsel about this Settlement Class Member Agreement and specifically about the waiver of Section 1542, and that they understand the Settlement Agreement and the Section 1542 waiver, and so freely and knowingly enter into this Settlement Agreement. The Parties acknowledge that they may hereafter discover facts other than, different from, from or in addition to those that he, she or it knows they now know or believes to be true and, except as otherwise set forth herein, regarding the Plaintiffs and each matters released or described in this Settlement Class Member hereby expressly waives and fully, finallyAgreement, and forever settles, releases, they agree that the releases and discharges agreements contained in this Settlement Agreement shall be and will remain effective in all known or unknown, suspected or unsuspected, continent or non-contingent Released Claim as respects notwithstanding any later discovery of the date of entry of the Preliminary Approval Order, whether or not concealed or hidden, and without regard to the subsequent discovery or existence of any such other, different, different or additional facts. The Plaintiffs acknowledgeparties hereby assume any and all risk of any mistake in connection with the true facts involved in the matters, and the Settlement Class Members shall be deemed by operation of the Final Approval Order and Judgment to have acknowledged that the waivers disputes, or controversies described in this Paragraph 41 were separately bargained for and are a material element of this Agreement. The waivers in this Paragraph 41 apply only to the Released Claims and not Settlement Agreement or with regard to any other claimsfacts which are now unknown to either Party relating to them.

Waiver of Section 1542. As The parties hereby waive and assume the risk of any and all claims for loss and damages which exist as of this date, including but not limited to those set forth in this Settlement Agreement but of which they are unaware, whether through ignorance, oversight, error, negligence, or otherwise in which, if known, would materially affect their decision to enter into this Settlement Agreement. The parties hereby expressly assume the Released Claims only, upon entry risk that they may suffer damages in the future as a result of the Final Approval Order and Judgment, the Plaintiffs and each Settlement Class Member expressly waives and relinquishes the provisions, rightsany matter referred to herein, and they hereby waive all rights or benefits which they have now, or in the future may have, under the terms of Section 1542 of the California Civil CodeCode of the State of California, which providesstates as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR. The parties acknowledge that there is a risk of the damages which they believe they have suffered or will suffer may turn out to be other than or greater than those now known, suspected, or believed to be true. In addition, the cost and damages they have incurred or have suffered may be greater than or other than those known now. Facts on which they have been relying in entering into this Settlement Agreement may later turn out to be other than or different from those now known, suspected or believed to be true. The parties acknowledge that in entering into this Settlement Agreement, they have expressed that they agree to accept the risk of any such possible unknown damages, claims, facts, demands, actions, and causes of action. The parties acknowledge and present that in waiving all rights and benefits they have under Section 1542 of the Civil Code of the State of California, they have had the advice, or have had the opportunity to have the advice, of counsel and independent consultants and further represent, warrant, and guarantee that this Settlement Agreement shall remain in full force and effect notwithstanding current and such possible changes or differences of material fact. This relief shall apply to any and all provision, rights, and benefits of any similar, comparable, or equivalent state, federal, or claims other law, rule, or regulation or the common law or equity. The Plaintiffs and each Settlement Class Member may hereafter discover facts other than, different from, or in addition to those that he, she or it knows or believes to be true and, except as otherwise set forth herein, the Plaintiffs and each Settlement Class Member hereby expressly waives and fully, finally, and forever settles, releases, and discharges all known or unknown, suspected or unsuspected, continent or non-contingent Released Claim as of the date of entry of the Preliminary Approval Order, whether or not concealed or hidden, and without regard to the subsequent discovery or existence of such other, different, or additional facts. The Plaintiffs acknowledge, and the Settlement Class Members shall be deemed by operation of the Final Approval Order and Judgment to have acknowledged that the waivers in this Paragraph 41 were separately bargained than for and are a material element breach of this Settlement Agreement. The waivers in this Paragraph 41 apply only to the Released Claims and not to any other claims.