Bargained-For Exchange Clause Samples
The Bargained-For Exchange clause defines the mutual consideration required for a contract to be legally binding. It ensures that each party provides something of value—such as goods, services, or promises—in return for the other party’s performance or promise. For example, one party may agree to deliver products while the other agrees to pay a specified amount. This clause is fundamental in establishing that both parties are entering the agreement voluntarily and with clear obligations, thereby validating the enforceability of the contract.
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Bargained-For Exchange. The parties agree that the limitations and exclusive remedies set forth in this Agreement represent the negotiated allocations of risk between the parties and are reflective of the pricing and bargained for exchange represented herein. Other than as expressly set forth in this Agreement, and subject to the terms and conditions of this Agreement, including the limitations set forth below, the parties agree and acknowledge that neither party has relied on any representations by the other party with respect to the Products or either party’s performance.
Bargained-For Exchange. The parties agree that the limitations and exclusive remedies set forth in this Agreement are reasonable and represent the negotiated allocations of risk between the parties and are reflective of the pricing and bargained-for exchange represented herein. Other than as expressly set forth in this Agreement, and subject to the terms and conditions of this Agreement, including the limitations set forth below, the parties acknowledge that LumiraDx has not relied on any representations by Flextronics with respect to the Products or Flextronics’s performance.
Bargained-For Exchange. Customer understands that the fees charged by Guardian under this Agreement reflect the allocation of risks expressed by the limited warranties, the exclusive limited remedies for breach of those limited warranties, and the limitations on liability and damages that are set forth in this Agreement. Customer accepts these terms and affirms it understands that to change them would affect the economic bargain expressed in this Agreement.
Bargained-For Exchange. A bargained-for exchange exists if there is a reciprocal inducement such that (all elements)
1. The promisor’s promise induces the promisee to sustain a detriment
2. The promisee’s detriment induces the promisor to make the promise
Bargained-For Exchange. Buyer offers to purchase and ▇▇▇▇▇▇ agrees to sell real property in Swift, Minnesota, legally described as:
Bargained-For Exchange. The allocations of liability in this Article 14.0 represent the agreed and bargained-for understanding of the parties, and AC's compensation under Article 8.0 hereof reflects such allocations.