Conspicuous. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE OR ENFORCEABLE, THE PROVISIONS IN THIS AGREEMENT IN ALL-CAPS FONT ARE “CONSPICUOUS” FOR THE PURPOSE OF ANY APPLICABLE LAW.
Conspicuous. The Parties expressly acknowledge and agree that those portions of this Agreement and Assignment appearing in bold type and/or in ALL CAPITAL LETTERS are conspicuous, it being the intent of the Parties for all such provisions to satisfy any statutory or common law requirements that same must be conspicuous in order to be valid, binding or enforceable.
Conspicuous. EACH OF THE PARTIES HERETO SPECIFICALLY ACKNOWLEDGES AND AGREES THAT CERTAIN OF THE TERMS OF THIS AGREEMENT PROVIDE FOR (A) CERTAIN WAIVERS AND (B) FOR THE ASSUMPTION BY ONE OR MORE PARTIES OF, AND/OR THE RELEASE OF ONE OR MORE OTHER PARTIES FROM, CERTAIN LIABILITIES THAT SUCH PARTY OR PARTIES MIGHT OTHERWISE BE RESPONSIBLE FOR UNDER THE LAW. EACH PARTY HERETO FURTHER AGREES AND COVENANTS THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEABILITY OF ANY SUCH PROVISIONS OF THIS AGREEMENT ON THE BASIS THAT SUCH PARTY HAD NO NOTICE OR KNOWLEDGE OF SUCH PROVISIONS OR THAT SUCH PROVISIONS ARE NOT "CONSPICUOUS."
Conspicuous. SELLER AND PURCHASER AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE PROVISIONS IN THIS AGREEMENT IN ALL CAPITAL BOLD-TYPE FONT ARE “CONSPICUOUS” FOR THE PURPOSE OF ANY APPLICABLE LAW. [Signature page follows.] The Parties have executed and delivered this Agreement as of the date indicated in the first sentence of this Agreement. SELLER Kraton Polymers LLC By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: President and Chief Executive Officer Kraton Polymers Holdings BV By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Director By: /s/ Xxxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx X. Xxxxxxx Title: Director [Signature Page to Asset and Stock Purchase and Sale Agreement] PURCHASER Daelim Industrial Co., Ltd. By: /s/ Sang Xxx Xxx Name: Sang Xxx Xxx Title: Chief Executive Officer [Signature Page to Asset and Stock Purchase and Sale Agreement] PURCHASER PARTY Daelim Chemical USA, Inc. By: /s/ Sang Xxx Xxx Name: Sang Xxx Xxx Title: Chief Executive Officer ANNEX I