Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 12 contracts
Samples: License Agreement (TORtec Group Corp), License Agreement (Biogold Fuels CORP), License Agreement (Helix Biomedix Inc)
Basis of Bargain. Each party Party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party Party under this Agreement and in the decision by each party Party to enter into this Agreement.
Appears in 5 contracts
Samples: License and Research and Development Agreement, License, Supply and R&d Agreement (Landec Corp \Ca\), License and Research and Development Agreement (Landec Corp \Ca\)
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material materially bargained for bases of this Agreement and that they such warranty disclaimers and liability and remedy limitations have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 4 contracts
Samples: End User License and Support Agreement, Marketing Agreement (Vital Images Inc), Product Distribution Agreement (Vital Images Inc)
Basis of Bargain. Each party Party recognizes and agrees that the warranty disclaimers and liability disclaimer and remedy limitations in this Agreement are material material, bargained for bases basis of this Agreement and that they have been taken into account considered and reflected in determining the consideration to be given by each party Party under this Agreement and in the decision by each party Party to enter into this Agreement.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
Basis of Bargain. Each party Party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases basis of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party Party to enter into this Agreement.
Appears in 2 contracts
Samples: Traffic Surveillance and Control System Agreement, Traffic Surveillance and Control System Agreement
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and ----------------- liability and remedy limitations in this Agreement are material a materially bargained for bases basis of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 1 contract
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases considerations of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 1 contract
Samples: Master Purchase and License Agreement (U S Wireless Data Inc)
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement XXXX are material materially bargained for bases of this Agreement and that they such warranty disclaimers and liability and remedy limitations have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this AgreementXXXX.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Basis of Bargain. Each party Party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material materially bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party Party under this Agreement and in the decision by each party Party to enter into this Agreement.
Appears in 1 contract
Samples: Sublicense Agreement (Keryx Biopharmaceuticals Inc)
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers disclaimers, insolvency and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 1 contract
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. 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.
Appears in 1 contract
Samples: Terms of Service
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and ------------------ liability and remedy limitations in this Agreement are material a materially bargained for bases basis of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 1 contract
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases basis of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 1 contract
Samples: Product Supply and Distribution Agreement (Cygnus Inc /De/)
Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material a materially bargained for bases basis of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Appears in 1 contract
Basis of Bargain. Each party Party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and agreement that they have been taken into account and are reflected in determining the consideration to be given by each party Party under this Agreement and in the decision by each party Party to enter into this Agreement.
Appears in 1 contract
