Common use of Basis of the Bargain Clause in Contracts

Basis of the Bargain. Failure of Essential Purpose. 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 15 contracts

Samples: Master Services Agreement (Nextcard Inc), Master Services Agreement (Nettaxi Inc), Internet Data Center Services Agreement (Smarterkids Com Inc)

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Basis of the Bargain. Failure of Essential Purpose. 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 is an essential basis of the bargain between the parties. The parties agree that the limitations conditions 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 (Quespasa Com Inc)

Basis of the Bargain. Failure of Essential Purpose. 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 1 contract

Samples: Internet Data Center Services Agreement (Switchboard Inc)

Basis of the Bargain. Failure of Essential Purpose. 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 is 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 (E Centives Inc)

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Basis of the Bargain. Failure of Essential Purpose. 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 purposepurposes.

Appears in 1 contract

Samples: Internet Data Center Services Agreement (Qorus Com Inc)

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