Common use of Basis of Bargain; Failure of Essential Purpose Clause in Contracts

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.