Conspicuous does not mean ALL CAPS.
American General Finance, Inc. v. Bassett (9th Cir. 2002):
Lawyers who think their caps lock keys are instant “make conspicuous” buttons are deluded.
Typography for Lawyers 1e, page 89:
Don’t assume caps are either necessary or sufficient to satisfy a law requiring “conspicuous” text.
UCC 1-201(b)(10) explicitly mentions easier-to-read alternatives.
Recitals of consideration don’t work.
Reconsidering the Recital of Consideration:
In general, drafters shouldn’t use this kind of recital of consideration or any other—they’re unnecessary.
California Evidence Code 622:
The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration. [Emphasis added.]
Redundant digits cause trouble.
A Manual of Style for Contract Drafting 4e 14.9:
[U]sing words and digits is more of a problem than the issue it was intended to fix—digit mistakes.