Example ContractsClausesUnknown Claims
Unknown Claims
Unknown Claims contract clause examples

Unknown or Undiscovered Claims. The parties acknowledge that: # they may subsequently discover facts in addition to, or different from, those that they now know or believe to be true with respect to the Released Claims; and # they may have sustained or may yet sustain damages, costs, or expenses that are presently unknown and that relate to those claims. The parties acknowledge, however, that they have negotiated, agreed upon, and entered into this Agreement with full knowledge of these possibilities and agree that, notwithstanding the provisions of California Civil Code Section 1542, or by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code (“Comparable Laws”), this Agreement shall not be affected in any manner whatsoever if any of these possibilities comes to pass, and it is intended to release all claims, including those that are unknown or unsuspected. In entering into this Agreement, each party expressly waives any rights or benefits under Section 1542 of the California Civil Code or Comparable Laws with respect to the Released Claims, which provides as follows:

Release of Unknown Claims. Employee understands and acknowledges that the foregoing release may include claims that Employee may not know about. It is Employee’s knowing and voluntary intent to release all such known and unknown claims, even though Employee recognizes that someday Employee might learn that facts Employee currently believes to be true are untrue and even though Employee might then regret having signed this Separation Agreement. Nevertheless, Employee is assuming that risk and Employee agrees that this Separation Agreement will remain effective in all respects in any such case. Employee expressly waives all rights Employee might have under any law that is intended to protect Employee from waiving unknown claims. Employee understands the significance of doing so.

Waiver of Unknown Claims. Seller expressly acknowledges that this Section 5.14 is intended to include in its effect all claims with respect to the Buyer Released Matters that it does not know or suspect to exist in its favor as of the date hereof, and that this Agreement contemplates the extinguishment of any such claim or claims. With respect to any and all Potential Claims for any Buyer Released Matter, Seller expressly waives and relinquishes, and the other Seller Releasing Parties shall be deemed to have expressly waived and relinquished, any and all provisions, rights and benefits conferred by any Law of any jurisdiction or principle of common law that provides that a general release does not extend to claims that are unknown or unsuspected to the releasor at the time the releaser executes the release. Seller acknowledges that the inclusion of such unknown Potential Claims herein was separately bargained for and was a key element of this Section 5.14. Seller acknowledges, and the other Seller Releasing Parties shall be deemed to have acknowledged, that they may hereafter discover facts which are different from or in addition to those that they may now know or believe to be true with respect to any and all Potential Claims herein released and agree that all such unknown Potential Claims are nonetheless released and that this Section 5.14 shall be and remain effective in all respects even if such different or additional facts are subsequently discovered.

Claims. As additional consideration to the execution, delivery, and performance of this Amendment by the parties hereto and to induce Administrative Agent and Lenders to enter into this Amendment, the Borrower represents and warrants that, as of the date hereof, it does not know of any defenses, counterclaims or rights of setoff exercisable by it, except pursuant to the terms of the Credit Agreement and Loan Documents, if any, to the payment of any Obligations of the Borrower to Administrative Agent, Issuing Bank or any Lender.

Claims. A person who believes that he or she is being denied a benefit to which he or she is entitled under this Plan (hereinafter referred to as a “Claimant”) may file a written request for such benefit with the Executive Compensation Administration Department, setting forth his or her claim. The request must be addressed to the AT&T Executive Compensation Administration Department at its then principal place of business.

Claims. Released, waived or cancelled any claims or rights relating to or affecting [[Organization B:Organization]] in excess of $1,000 in the aggregate or instituted or settled any Proceeding involving in excess of $10,000 in the aggregate;

Claims. No claim shall be considered under these administrative procedures unless it is filed with the Plan Administrator within two (2) years after the Participant knew (or reasonably should have known) of the general nature of the dispute giving rise to the claim. Every untimely claim shall be denied by the Plan Administrator without regard to the merits of the claim.

I acknowledge that I understand the above agreement includes a release of all waivable claims. I understand that I am waiving unknown claims and I am doing so voluntarily and intentionally.

action, suits, claims, complaints, contracts, liabilities, agreements, promises, torts, debts, damages, controversies, judgments, rights and demands, whether existing or contingent, known or unknown, suspected or unsuspected, arising on or before the Effective Date (the “Claims”).

#[[Ms. Petryszyn:Person]] agrees that her Release includes claims which she did not know of or suspect to exist at the time she signed this Agreement, and that this Release extinguishes all known and unknown claims.

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