Basis of the Bargain; Exclusions Sample Clauses

Basis of the Bargain; Exclusions. The limitations of liability in this Section 4 are part of the basis of the bargain between you and XXXXXXXX.XXX and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if XXXXXXXX.XXX or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Sample 1
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Basis of the Bargain; Exclusions. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and Blue Meteorite. You understand and agree that Blue Meteorite would not be able to economically or reasonably provide the Software to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 5 AND 6 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Sample 1
Basis of the Bargain; Exclusions. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and COGNIT. You understand and agree that XXXXXX would not be able to economically or reasonably provide the Software to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 5 AND 6 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Sample 1

Related to Basis of the Bargain; Exclusions

  • Basis of the Bargain The parties agree that the limitations of liability set forth in this section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.

  • Basis of Subvention The basis of subvention is set out in the offer and notification letters issued by SWD to the Service Operator.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply:

  • Service Exclusions All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:

  • Exclusions of liability 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.

  • Program Exclusions The borrower cannot be in active bankruptcy. The borrower’s first-lien mortgage cannot be a home equity line of credit, third party contract, or other private party loan. The borrower cannot own other residential real property. Employees of contractor Further.

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