Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” satisfy the requirement of the “express negligence rule” and any other requirement at Law or in equity that provisions contained in a contract be conspicuously marked or highlighted.
Conspicuousness of Provisions. THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS CONTAINED IN THIS AGREEMENT THAT ARE SET OUT IN "BOLD" SATISFY THE REQUIREMENT OF THE EXPRESS NEGLIGENCE RULE AND ANY OTHER REQUIREMENT AT LAW OR IN EQUITY THAT PROVISIONS CONTAINED IN A CONTRACT BE CONSPICUOUSLY MARKED OR HIGHLIGHTED.
Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this License Agreement that are set out in capital letters or “bold” satisfy the requirement of the “express negligence rule” and any Legal Requirement or equitable doctrine that provisions contained in a contract be conspicuously marked or highlighted. [Remainder of page intentionally left blank; Signature page follows] WEST 203978356 v17
Conspicuousness of Provisions. 40 19.18 Execution in Counterparts................................... 41 19.19
Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Order that are set out in boldface and/or all CAPITAL LETTERS satisfy the requirements of any requirement at law or in equity that such provisions be conspicuously marked or highlighted.
Conspicuousness of Provisions. 15.1 The Parties acknowledge that the provisions contained in this Agreement that are set out in “bold” satisfy any requirement at law or in equity that provisions contained in a contract be conspicuously marked or highlighted.
Conspicuousness of Provisions. 39 Exhibits Exhibit A - Xxxx of Sale Exhibit B - Assumption Agreement Exhibit C - Non-Solicitation Agreement Exhibit D - Transition Services Agreement Exhibit E - Trading Book Side Letter Exhibit F - Guaranty Agreement Schedule 2.1(b) - Excluded Assets Schedule 2.5 - Allocation of Purchase Price Disclosure Schedule Schedule 5.8 - Transferred Employees ASSET PURCHASE AGREEMENT This Asset Purchase Agreement is entered into on September 20, 2006 by and between Houston Energy Services Company, L.L.C., a Texas limited liability company (the "Seller"), and Commerce Energy, Inc., a California corporation (the "Buyer").
Conspicuousness of Provisions. THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS CONTAINED IN THIS AGREEMENT THAT ARE SET IN "BOLD" SATISFY THE REQUIREMENT OF THE EXPRESS NEGLIGENCE RULE AND ANY OTHER REQUIREMENT AT LAW OR IN EQUITY THAT PROVISIONS CONTAINED IN A CONTRACT BE CONSPICUOUSLY MARKED OR HIGHLIGHTED. [remainder of page intentionally left blank; signatures appear on following page(s)]
Conspicuousness of Provisions. 29 17.18 Execution in Counterparts........................................29 17.19 Affiliated Entity as Buyer and/or Operator.......................30 EXHIBITS EXHIBIT A - DESCRIPTION OF PROPERTIES EXHIBIT B - NONE EXHIBIT C - ASSIGNMENT AND BILL OF SALE EXHIBIT D - CERTIFICATE EXHIBIT E - NON-FOREIGN AFFIXXXXT EXHIBIT F - LIST OF CONTRACTS EXHIBIT G - LITIGATION AND CLAIMS EXHIBIT H - ALLOCATION OF PURCHASE PRICE EXHIBIT I - GAS IMBALANCES EXHIBIT J - APPROVALS AND PREFERENTIAL RIGHTS EXHIBIT K - VIOLATIONS OF LAWS EXHIBIT L - PRODUCTION SALES MATTERS EXHIBIT M - CAPITAL COMMITMENTS EXHIBIT N - AFFILIATED ENTITY FORM OF ASSIGNMENT ADDENDUM I - IDENTIFICATION OF RICOCHET PARTIES PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is dated May 29, 2014 (the "Effective Date") by and between RICOCHET ENERGY, INC., a Texas corporation, with an office at 16111 Via Shavano, San Antonio, Texas 78249 ("Ricochet"), for xxxxxx xxx xx xxxxxxx xxxxx xxx xxx xx xxx xxxxies listed in Addendum I (Ricochet, together with the parties in said Addendum I being hereinafter referred to as the "Ricochet Parties"), VAQUILLAS ENERGY EAST PEARSALL, LTD., LLP, a Texas limited partnership, and VAQUILLAS ENERGY RE-ENTRY LTD., LLP, a Texas limited partnership, (collectively "Vaquillas"), JOB ENERGY PARTNERS II, LTD., a Texas limited partnership, LORD'S ENERGY, LTD., a Texas limited partnership, HUBBERD-SMITH ENERGY INVESTMENTS, LTD., a Texas limited partnershxx, XXXXXXXXIP ENERGY INVESTMENTS, LTD., a Texas limited partnership, LAREDO GATEWAY ENERGY, LTD., a Texas limited partnership, and BORDEN JENKINS, an individual (collectively called "Sellers") axx XXXXX XXXXXY, INC., a Nevada corporation, with an office at 300 S.C.M. Allen Parkway, Suite 400, San Marcos, Texas 78666 (hereinafter refexxxx to as "Buyer"), and is based on the following premises:
Conspicuousness of Provisions. The parties acknowledge that the provisions contained in this Agreement that are set out in all capitals satisfy the requirement of the express negligence rule and any other requirement at law or in equity that provisions contained in a contract be conspicuously marked or highlighted.
