Common use of Conspicuous Clause in Contracts

Conspicuous. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE PROVISIONS IN THIS AGREEMENT IN BOLD-TYPE ALL CAPS FONT ARE “CONSPICUOUS” AND COMPLY WITH THE EXPRESS NEGLIGENCE RULE FOR THE PURPOSE OF ANY APPLICABLE LAW.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (Earthstone Energy Inc), Master Reorganization Agreement (Linn Energy, Inc.), Contribution Agreement (Earthstone Energy Inc)