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

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.