Common use of Basis of the Bargain Clause in Contracts

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.

Appears in 8 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Software as a Service Agreement

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Basis of the Bargain. The parties agree that the limitations of liability set forth in this section shall Section 9 (Limitation of Liability) will 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.

Appears in 6 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Basis of the Bargain. The parties agree that the limitations of liability set forth in this section shall Section 7 will 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.

Appears in 4 contracts

Samples: Supplier Agreement, Supplier Agreement, Customer Agreement

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.this Agreement

Appears in 1 contract

Samples: User Agreement

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

Appears in 1 contract

Samples: Affiliate Agreement

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 that this 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.of

Appears in 1 contract

Samples: User Agreement

Basis of the Bargain. The parties agree that the limitations of liability set forth in this section 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 Fees 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.

Appears in 1 contract

Samples: Master Subscription Agreement

Basis of the Bargain. The parties agree that the limitations of liability set forth in this section 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 Product and or Fees have been set and the Agreement Order entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.

Appears in 1 contract

Samples: Terms & Conditions

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Basis of the Bargain. The parties 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 Parties acknowledge that the prices have been set and the this Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the partiesParties.

Appears in 1 contract

Samples: Review of Specific Staffing Allocations

Basis of the Bargain. The parties agree that the limitations of liability set forth in this section 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 these Terms entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.

Appears in 1 contract

Samples: Terms of Service

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 that this 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.. These Terms and Conditions are entered into by and between, and may be enforced only by, Expel and Customer. These Terms and Conditions shall not be deemed to create any rights or liabilities in any third

Appears in 1 contract

Samples: User Agreement

Basis of the Bargain. The parties agree that the limitations of liability set forth in this section 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.

Appears in 1 contract

Samples: Terms of Use Agreement

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