Basis of Bargain; Failure of Essential Purpose. UiPath entered into this Agreement by relying on the limitations of liability, disclaimers of warranty and other provisions relating to allocation of risk herein, and You agree that such provisions are an essential basis of the bargain between the Parties. You agree that the waivers and limitations specified in this section apply only to the extent permitted under the applicable law, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, irrespective of whether the other Party has been advised of the possibility of such damage might incur, will not limit payment obligations under this Agreement, and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Basis of Bargain; Failure of Essential Purpose. Customer acknowledges and agrees that Alteva has established its prices and entered into one or more Master Services Agreements in reliance upon the limitations and exclusions of liability and the warranty disclaimers set forth in this Agreement and that they are an essential basis of the bargain between the parties and are material terms of this Agreement. The parties agree that the limitations and exclusions of liability and warranty disclaimers specified in this Agreement will survive and apply even if found to have failed their essential purpose, and Customer hereby waives its right to contest the enforceability of any provision of this Agreement by reason of such failure.
Basis of Bargain; Failure of Essential Purpose. Customer acknowledges that VoicePro has established its prices and entered into one or more Service Orders in reliance upon the limitations and exclusions of liability, the disclaimers and the indemnifications set forth in this Agreement, including, without limitation Sections 4.1 through 4.6, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed their essential purpose; and Customer herby waives its right to contest the enforceability of any provision of this Agreement by reason of such failure.
Basis of Bargain; Failure of Essential Purpose. Customer acknowledges and agrees that Company has established its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability and the warranty disclaimers set forth in this Agreement, and that they are an essential basis of the bargain between the parties and are material terms of this Agreement. The Parties agree that the limitations and exclusions of liability and warranty disclaimers specified in this Agreement will survive and apply even if found to have failed their essential purpose, and Customer hereby waives its right to contest the enforceability of any provision of this Agreement by reason of such failure.
Basis of Bargain; Failure of Essential Purpose. Customer acknowl- edges and agrees that Allied has established its prices and entered into one or more Service Orders in reliance upon the limitations and exclusions of liability and the warranty disclaimers set forth in this Agreement are an essential basis of the bargain between the parties and are material terms of this Agreement. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply
Basis of Bargain; Failure of Essential Purpose. Agent acknowledges and agrees that White Label Operator Name has entered into the Agreement in reliance upon the waiver of jury trial, venue for disputes, limitation of liability and indemnification provisions set forth in the Agreement and that they are an essential basis of the bargain between the Parties and are material terms of the Agreement. The Parties agree that these provisions will survive and apply even if found to have failed their essential purpose, and Agent hereby waives its right to contest the enforceability of any provision of this Agreement by reason of such failure. By: By: Name: Name: Title: Title: Date: Date:
Basis of Bargain; Failure of Essential Purpose. Client acknowledges that PERFORMA has furnished access to the Service, App, Admin Console, and Module(s)in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. Client agrees that the limitations and
Basis of Bargain; Failure of Essential Purpose. Customer acknowledges and agrees that Cohere has established its prices and entered into one or more Customer Service Order Agree- ments in reliance upon the limitations and exclusions of liability and the warranty disclaimers set forth in these Universal Terms are an es- sential basis of the bargain between the parties and are material terms of this Agreement. The parties agree that the limitations and exclu- sions of liability and disclaimers specified in these Universal Terms will survive and apply even if found to have failed their essential purpose, and Customer hereby waives its right to contest the enforceability of any provision of these Universal Terms by reason of such failure.
Basis of Bargain; Failure of Essential Purpose. Customer acknowledges that BIRD has set its prices and entered into the Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the Parties. The Parties agree that the limitations of liability and disclaimers set forth in the Agreement will survive and apply even if found to have failed of their essential purpose. The provisions of this Section 6 will only apply to the extent such provisions are not prohibited by applicable law.
Basis of Bargain; Failure of Essential Purpose. Customer acknowledges that Concur has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
