Common use of Waiver of Unknown Claims Clause in Contracts

Waiver of Unknown Claims. Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil Code which provides as follows: 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. Each of the Parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code or any similar provision under the statutory or non-statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts.

Appears in 37 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Waiver of Unknown Claims. Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil Code Section 1542 which provides as followsprovides: 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. Each of the Parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code Section 1542 or any similar provision under the statutory or non-non- statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement Consent Judgment and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Waiver of Unknown Claims. Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil Code which provides as follows: 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 THATgeneral 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, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. which if known by him or her must have materially affected his or her settlement with the debtor.” Each of the Parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code or any similar provision under the statutory or non-statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts. The waiver in this Paragraph, however, shall not extend to any claims that OSH may have against Suntec due to the alleged failure to label the Products, provide a warning on the Products, or due to any other alleged violation of Proposition 65 and its implementing regulations.

Appears in 1 contract

Samples: Settlement Agreement

Waiver of Unknown Claims. Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil Code which provides as follows: follows:‌ 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. PARTY.‌ Each of the Parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code or any similar provision under the statutory or non-statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts.

Appears in 1 contract

Samples: Settlement Agreement

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Waiver of Unknown Claims. Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil CiVil Code which provides proVides as follows: 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. Each of the Parties waives waiVes and relinquishes any right or benefit it has or may have haVe under Section 1542 of California Civil CiVil Code or any similar provision proVision under the statutory or non-statutory law of any other jurisdiction to the full extent that it may lawfully waive waiVe all such rights and benefits. The Parties acknowledge that each may subsequently discover discoVer facts in addition to, or different from, those that it believes belieVes to be true with respect to the claims released herein. The Parties agree that this Agreement and the releases contained herein shall be and remain effective effectiVe in all respects notwithstanding the discovery discoVery of such additional or different facts.

Appears in 1 contract

Samples: Settlement Agreement

Waiver of Unknown Claims. 7 Each of the Parties acknowledges that it is familiar with Section 1542 of California Civil 8 Code which provides as follows: 9 “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 10 FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THATRELEASE, WHICH IF 11 KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. DEBTOR.” Each of the Parties waives and relinquishes any right or benefit it has or may have under Section 1542 of California Civil Code or any similar provision under the statutory or non-statutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits. The Parties acknowledge that each may subsequently discover facts in addition to, or different from, those that it believes to be true with respect to the claims released herein. The Parties agree that this Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding the discovery of such additional or different facts.released

Appears in 1 contract

Samples: oag.ca.gov

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