Common use of Conspicuousness Clause in Contracts

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.