Common use of Civil Code Section 1542 Clause in Contracts

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any statute or common law principles of similar effect.

Appears in 15 contracts

Samples: Management Retention Agreement, Control and Retention Agreement, Management Retention Agreement

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Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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 OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any statute or common law principles of similar effect.

Appears in 14 contracts

Samples: Separation and Change in Control Severance Agreement (Aerohive Networks, Inc), Separation and Change in Control Severance Agreement (Aerohive Networks, Inc), Separation and Change in Control Severance Agreement (Flynn David K.)

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any statute or common law principles of similar effect.

Appears in 12 contracts

Samples: Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.)

Civil Code Section 1542. The Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Agreement. The Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 8 contracts

Samples: Severance Agreement (Cholestech Corporation), Severance Agreement (Cholestech Corporation), Severance Agreement (Cholestech Corporation)

Civil Code Section 1542. Executive represents that he Executive is not aware of any claims against the Company other than the claims that are released by this Release Agreement. Executive acknowledges that he Executive has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he Executive may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 7 contracts

Samples: Release of Claims Agreement (Autodesk Inc), Release of Claims Agreement (Xilinx Inc), Transition and Separation Agreement (Autodesk Inc)

Civil Code Section 1542. Executive represents that he Executive is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he Executive has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he Executive may have thereunderunder such code section, as well as under any statute or common law principles of similar effect.

Appears in 5 contracts

Samples: Management Retention Agreement, Separation Agreement and Release of Claims (GoPro, Inc.), Management Retention Agreement (Williams Sonoma Inc)

Civil Code Section 1542. Executive represents that he she is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he she has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM HER MUST HAVE MATERIALLY AFFECTED HIS HER SETTLEMENT WITH THE DEBTOR. Executive, being aware of said code section, agrees to expressly waive any rights he she may have thereunderunder such code section, as well as under any statute or common law principles of similar effect.

Appears in 5 contracts

Samples: Management Retention Agreement (Williams Sonoma Inc), Janet Hayes Employment Agreement (Williams Sonoma Inc), Laura Alber Employment Agreement (Williams Sonoma Inc)

Civil Code Section 1542. The Executive represents that he or she is not aware of any claims against the Company other than the claims that are released by this Agreement. The Executive acknowledges that he or she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 Executive, being aware of said code section, agrees to expressly waive any rights he or she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 4 contracts

Samples: Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.)

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunderunder such code section, as well as under any statute or common law principles of similar effect.

Appears in 4 contracts

Samples: Employment Agreement, Employment Agreement (Tintri, Inc.), Release of Claims (Tintri, Inc.)

Civil Code Section 1542. The Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Agreement. The Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 3 contracts

Samples: Employment Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc)

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company claim other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 3 contracts

Samples: Separation Agreement and Release (Genesis Microchip Inc /De), Separation Agreement and Release (Genesis Microchip Inc /De), Separation Agreement and Release (Genesis Microchip Inc /De)

Civil Code Section 1542. The Executive represents that he is not aware of any claims against claim by the Company other than the claims that are released by this Agreement. The Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Severance Agreement and Release (Digital Impact Inc /De/), Transition Agreement (Digital Impact Inc /De/)

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Supplemental Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any statute or common law principles of similar effect.

Appears in 2 contracts

Samples: Separation Agreement and Release, Separation Agreement and Release (Salesforce Com Inc)

Civil Code Section 1542. Executive represents that he is not aware of any claims against claim that he has with respect to the Company Released Parties other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code Code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect. 8.

Appears in 1 contract

Samples: Separation Agreement

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 HIS MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and Release (Ocz Technology Group Inc)

Civil Code Section 1542. The Executive represents that he she is not aware of any claims against the Company other than the claims that are released by this Agreement. The Executive acknowledges that he she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 Executive, being aware of said code section, agrees to expressly waive any rights he she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Severance Agreement (Cholestech Corporation)

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Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company claim other than the claims that are released by this Agreement. Executive also represents that he does not presently intend to bring any claims on his own behalf or on behalf of any other person or entity against any other person or entity referred to herein. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code Code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and Release (Deltagen Inc)

Civil Code Section 1542. Executive represents that he she is not aware ----------------------- of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he she has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM HER MUST HAVE MATERIALLY AFFECTED HIS HER SETTLEMENT WITH THE DEBTOR. Executive, being aware of said code section, agrees to expressly waive any rights he she may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Employment Agreement (Hewlett Packard Co)

Civil Code Section 1542. Executive represents that he is not aware of any claims against claim that he has with respect to the Company Released Parties other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code Code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and Release of Claims (Green Dot Corp)

Civil Code Section 1542. Executive represents that he Executive is not aware of any claims against the Company other than the claims that are released by this Agreement. Executive acknowledges that he ​ ​ Executive has been advised by legal counsel and is familiar with the provisions of California Civil Code 1542, below, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS THEIR SETTLEMENT WITH THE DEBTOR. Executive, being aware of said code section, agrees to expressly waive any rights he Executive may have thereunderunder such code section, as well as under any statute or common law principles of similar effect.

Appears in 1 contract

Samples: Severance and Change of Control Agreement (Jaguar Health, Inc.)

Civil Code Section 1542. Executive represents that he Executive is not aware of any claims against the Company claim by Executive’s other than the claims that are released by this Agreement. Executive acknowledges that he Executive has been had the opportunity to be advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he Executive may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and General Release (Patient Safety Technologies, Inc)

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company claim by him other than the claims that are released by this Agreement. Executive acknowledges that he has been advised by had the opportunity to seek the advice of legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and Release (Komag Inc /De/)

Civil Code Section 1542. Executive represents and the Company represent that he is they are not aware of any claims against the Company one another other than the claims that are released by this Agreement. Executive acknowledges and the Company acknowledge that he has they have been advised by legal counsel and is are familiar with the provisions of California Civil Code Section 1542, below, 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. ExecutiveExecutive and the Company, being aware of said code section, agrees agree to expressly waive any rights he they may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Separation Agreement and Release (Seebeyond Technology Corp)

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this AgreementRelease. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Release of Claims Agreement (Informix Corp)

Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company by him other than the claims that are released by this Agreement. Executive acknowledges that he has been had the opportunity to be advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, below, 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. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

Appears in 1 contract

Samples: Transition Agreement and Mutual Release (Capstone Turbine Corp)

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