Conspicuousness Clause Samples
The Conspicuousness clause requires that certain terms or provisions within a contract be presented in a manner that makes them easily noticeable and understandable to the parties involved. This is typically achieved by using formatting techniques such as bold type, capital letters, or larger font sizes to highlight important terms like disclaimers, limitations of liability, or indemnification obligations. By ensuring that critical terms are not hidden or overlooked, the clause helps prevent disputes over whether a party was adequately informed of significant contractual obligations or risks.
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Conspicuousness. The Parties acknowledge and agree all provisions of the Agreement comply with any and all requirements of conspicuousness under the laws of the State of Texas.
Conspicuousness. THE PARTIES AGREE THAT ANY PROVISION OF THIS AGREEMENT THAT IS SET FORTH IN THE STYLE OF THIS SECTION 8.17 IS CONSPICUOUS.
Conspicuousness. The Parties agree that the provisions in this Agreement in “bold” type satisfy any requirements of the “express negligence rule” and any other requirements at law or in equity that provisions be conspicuously marked or highlighted.
Conspicuousness. SELLERS AND PURCHASER AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE 5 AND THE REST OF THIS AGREEMENT ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY APPLICABLE LAW.
Conspicuousness. BUYER ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT THAT ARE PRINTED IN THE SAME MANNER AS THIS SECTION ARE CONSPICUOUS.
Conspicuousness. Buyer acknowledges that the provisions of this Agreement that are printed in the same manner as this section are conspicuous.
Conspicuousness. Seller and the Purchaser Parties agree that, to the extent required by applicable Law to be effective, the disclaimers of certain representations and warranties contained in this Article 6 and the rest of this Agreement are “conspicuous” disclaimers for the purpose of any applicable Law.
Conspicuousness. EACH SELLER, COMPANY AND PURCHASER AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE 7 AND THE REST OF THIS AGREEMENT ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY APPLICABLE LAW.
Conspicuousness. SELLER AND PURCHASER AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY APPLICABLE LAW.
Conspicuousness. Each of the Parties specifically acknowledges and agrees that (a) it has a duty to read this Agreement and it is charged with notice and knowledge of the terms hereof and (b) it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms, conditions and effects of this Agreement. Each Party further agrees that it will not contest the validity or enforceability of any provision of this Agreement on the basis that the Party had no notice or knowledge of such provision or that such provision is not “conspicuous”. The Parties expressly hereby acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” or in “ALL CAPS” satisfy any requirement at law or in equity that provisions contained in a contract be conspicuously marked or highlighted.