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

Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that Company 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.

Appears in 6 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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Basis of the Bargain; Failure of Essential Purpose. The parties Parties acknowledge that Company each Party 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 partiesParties. The parties 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 4 contracts

Samples: Patient Records License Agreement (PaxMedica, Inc.), Patient Records License Agreement (PaxMedica, Inc.), Patient Records License Agreement (PaxMedica, Inc.)

Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that Company has set its prices and they each 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.

Appears in 2 contracts

Samples: Hosting Services Agreement (Prosper Marketplace Inc), Hosting Services Agreement (LendingClub Corp)

Basis of the Bargain; Failure of Essential Purpose. The parties Parties acknowledge that Company Provider 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 partiesParties. 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 2 contracts

Samples: Service Agreement, Service Agreement

Basis of the Bargain; Failure of Essential Purpose. The parties Parties acknowledge that Company has set its prices and they each 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 partiesParties. The parties 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 2 contracts

Samples: Hosting Services Agreement (Prosper Funding LLC), Hosting Services Agreement (Prosper Funding LLC)

Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge Customer acknowledges that Company 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.

Appears in 2 contracts

Samples: Customer Service Agreement, Customer Service Agreement

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Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that Company has set its prices and they each entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth hereinin this Agreement, and that the same form an essential basis of the bargain between the parties. The parties agree further that the limitations and exclusions of liability and the disclaimers specified in this Agreement form an essential basis of the bargain as to the allocation of risk between the parties. All such limitations, exclusions and disclaimers will survive and apply even if found to have failed of their essential purpose.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that Company Information On Demand 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.

Appears in 1 contract

Samples: Services Agreement

Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that Company has set its the parties have agreed upon the 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.

Appears in 1 contract

Samples: Internet Data Center Services Agreement (Digital Entertainment Network Inc)

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