Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that Exodus 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 13 contracts
Samples: Master Services Agreement (Netsuite Inc), Master Services Agreement (Homegrocer Com Inc), Master Services Agreement (Greenleaf Technologies Corp)
Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge Customer acknowledges that Exodus 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 4 contracts
Samples: Internet Data Center Services Agreement (Buy Com Inc), Internet Data Center Services Agreement (Buy Com Inc), Data Center Services Agreement (Greatfood Com Inc)
