Common use of Conspicuousness of Provisions Clause in Contracts

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.

Appears in 12 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

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Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” and/or all capital letters satisfy the requirement of the “express negligence rule” and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 7 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (WildHorse Resource Development Corp)

Conspicuousness of Provisions. The Parties 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” rule and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 6 contracts

Samples: Donation Agreement, Purchase and Sale Agreement (Panhandle Oil & Gas Inc), Purchase and Sale Agreement (PRB Energy, Inc.)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” and “all capital letters” 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.

Appears in 5 contracts

Samples: Purchase, Sale and Contribution Agreement, Contribution Agreement, Purchase, Sale and Contribution Agreement (Southcross Energy Partners, L.P.)

Conspicuousness of Provisions. The Parties parties acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” and/or all capital letters satisfy the requirement of the “express negligence rule” and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 4 contracts

Samples: Investment Agreement (PDC Energy, Inc.), Investment Agreement (PDC Energy, Inc.), Stock Purchase and Sale Agreement (PDC Energy, Inc.)

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” rule and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Enterra Energy Trust), Purchase and Sale Agreement (Enterra Energy Trust), Purchase and Sale Agreement (Enterra Energy Trust)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in capital letters or “bold” satisfy the requirement of the “express negligence rule” and any other requirement at Law Legal Requirement or in equity equitable doctrine that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 4 contracts

Samples: Shared Services Agreement (Constellation Energy Partners LLC), Shared Services Agreement, Shared Services Agreement (Sanchez Production Partners LP)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in of this Agreement that are set out in “bold” or all capitalized type satisfy the any requirement of the “express negligence rule” and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Apache Corp), Purchase and Sale Agreement (Apache Corp)

Conspicuousness of Provisions. The Parties parties acknowledge and agree that the provisions contained in this Agreement that are set out in capital letters or “bold” satisfy the requirement of the “express negligence rule” and any other requirement at Law Legal Requirement or in equity equitable doctrine that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 3 contracts

Samples: Management Services Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in capital letters or “bold” satisfy the requirement of the “express negligence rule” and any other requirement at Law applicable Laws or in equity equitable doctrine that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 3 contracts

Samples: Shareholders Agreement, Management Services Agreement (Sanchez Energy Corp), Production Marketing Agreement (Sanchez Energy Corp)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in capital letters or “bold” satisfy the requirement of the “express negligence rule” and any other requirement at Law Legal Requirement or in equity equitable doctrine that provisions contained in a contract be conspicuously marked or highlighted.. [Signature page follows] WEST 204244928 v14

Appears in 2 contracts

Samples: Transition and Assistance Agreement, Transition and Assistance Agreement (Constellation Energy Partners LLC)

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Conspicuousness of Provisions. The Parties 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” rule and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Heartland Oil & Gas Corp), Purchase and Sale Agreement (Amoco Corp)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” boldface and/or all CAPITAL LETTERS satisfy the requirement requirements of the “express negligence rule” and Fair Notice Doctrine and/or any other requirement at Law law or in equity that such provisions contained in a contract be conspicuously marked or highlighted.

Appears in 1 contract

Samples: Intellectual Property Rights Purchase and Transfer Agreement (Pattern Energy Group Inc.)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” and/or all CAPITAL LETTERS or SMALL CAPITAL LETTERS satisfy the requirement of the “express negligence rule” and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (PDC Energy, Inc.)

Conspicuousness of Provisions. The Parties acknowledge and agree that the provisions contained in this Agreement that are set out in “bold” and/or all CAPITAL LETTERS or SMALL capital letters satisfy the requirement of the “express negligence rule” and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (PDC Energy, Inc.)

Conspicuousness of Provisions. The Parties 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” rule and any other requirement at Law law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Gothic Energy Corp)

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 law or in equity that provisions contained in a contract be conspicuously marked or highlighted.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Mariner Energy Inc)

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