Common use of Section 1542 Clause in Contracts

Section 1542. Purchaser acknowledges that in the event that at any time after the execution of this Agreement by the parties any injury, loss or damage is sustained in connection with any matter released in Section 3.1 or any matter set forth elsewhere in this Agreement which is not now known or suspected, or in the event that the loss or damage now known has consequences or results not known or suspected, this Agreement shall nevertheless constitute a full and final release as to the parties and matters herein released, and this release shall apply to and include all such unknown or unsuspected consequences or results. Each of the parties has read and has been carefully advised by their attorneys of the contents of Section 1542 of the California Civil Code which reads 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.” Purchaser hereby expressly, unconditionally and irrevocably waives any and all rights and benefits under Section 1542.

Appears in 2 contracts

Sources: Stock Purchase Agreement (China Yongxin Pharmaceuticals Inc.), Stock Purchase Agreement (China Yongxin Pharmaceuticals Inc.)

Section 1542. Purchaser The Holder acknowledges that in the event that at any time after the execution of this Agreement by the parties Effective Date any injury, loss or damage is sustained in connection with any matter released in this Section 3.1 2 or any matter set forth elsewhere in this Agreement which is not now known or suspected, or in the event that the loss or damage now known has consequences or results not known or suspected, this Agreement shall nevertheless constitute a full and final release as to the parties and matters herein released, and this release shall apply to and include all such unknown or unsuspected consequences or results. Each of the parties The Holder has read and has been carefully advised by their its attorneys of the contents of Section 1542 of the California Civil Code which reads 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.” Purchaser The Holder has read and has been carefully advised by its attorneys of the contents of Section 1542. The Holder hereby expressly, unconditionally and irrevocably waives any and all rights and benefits under said Section 1542.

Appears in 1 contract

Sources: Settlement Agreement (Apollo Medical Holdings, Inc.)