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 8 shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the 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 2 contracts

Samples: Software as a Service 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 8 shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the fees 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 2 contracts

Samples: Order Form, Service Subscription Agreement

Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 8 9 shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the 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 2 contracts

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

Basis of the Bargain. The parties Parties agree that the limitations of liability set forth in this Section 8 7 shall survive and continue in full force and effect effect, despite any failure of consideration or of an exclusive remedy. The parties Parties acknowledge that the fees have been set prices were set, and that the Agreement was entered into into, in reliance upon these limitations of liability liability, and that all such limitations form an essential basis of the bargain between the partiesParties.

Appears in 1 contract

Samples: Enterprise Subscription Agreement

Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 8 shall 9 will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the fees 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: Client Services Agreement

Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 8 9 shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the fees 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: Terms of Service

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Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 8 shall 9 will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the fees 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: Software Licensing Agreement

Basis of the Bargain. The parties Parties agree that the limitations of liability set forth in this Section 8 shall will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties Parties acknowledge that the fees 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 partiesParties.

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 8 shall will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the fees 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: Customer Agreement

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