Agmt21 Nor-Cal Settlement - Laserfiche WebLink

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by or on behalf of Nor -Cal, which are not known or suspected to exist as of the Effective Date, as defined in Paragraph 10, below, and any equitable or contractual provisions reasonably related to such latent deficiencies. For the purpose of this Agreement, latent deficiencies shall have the same meaning as in Code of Civil Procedure Section 337.15. d. Claims and defenses between United and SPC or involving any person or entity not a Party to this Agreement. As to matters within any of the foregoing exceptions, all Parties reserve their claims and defenses. 9. Section 1542 Waiver. As to those matters that are expressly released herein, but subject to the exceptions in Paragraph 8 and to the Settlement Payment being made in accordance with Paragraph 1 and only with regard to the Project, the Parties hereby waive all rights under California Civil Code Section 1542 and any similar rights under any similar federal, state or local statute, rule or regulation. Section 1542 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. The Parties have been and are represented by legal counsel, and they understand and acknowledge the significance and consequence of this waiver of California Civil Code Section 1542. In waiving Section 1542 of the Civil Code, the Parties hereto acknowledge that they may hereafter discover facts in addition to or different from those of which they now believe to be true with respect to the matters they herein release, but agree that the releases given herein shall be and remain in effect notwithstanding the discovery or existence of any such additional or different facts, the risk of which difference in facts they expressly assume. 10. Effective Date. This Agreement shall be effective when the Parties hereto have executed this Agreement ("Effective Date"). 11. No Admission of Liability. The Parties stipulate that this Agreement and settlement have been entered into in good faith, at arm's length, without collusion, and are the product of negotiation. This Agreement involves the settlement and compromise of disputed claims and does not constitute an admission of liability, fault, negligence, or breach of obligations by the Parties. 12. No Assignment. The Parties, and each of them, warrant and represent that they have not previously assigned or transferred, or purported to assign or transfer, to any person or entity, any claims described above that were or could have been alleged in actions related to the Project.. ATTY/AGR/SETTLEMENTS/NOR-CAL PIPELINE SERVICES SETTLEMENT AGREEMENT REV: 01-27-2021 MI Page 4 of 7