Allocation of Risks. The limitation of liability set forth in this Article 8 reflects a deliberate and bargained for allocation of risks between Distributor and Manufacturer and is intended to be independent of any exclusive remedies available under this Agreement, including any failure of such remedies to achieve their essential purpose.
Appears in 4 contracts
Samples: Distribution Agreement (Auxilium Pharmaceuticals Inc), Distribution and Supply Agreement (Santarus Inc), Distribution Agreement (Viropharma Inc)
