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 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 parties, including Integration Partner(s), nor to create any obligations of a party to any such third parties, and any such rights and liabilities are hereby expressly disclaimed.

Appears in 5 contracts

Samples: User Agreement, User Agreement, User Agreement

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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 that this Agreement is 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 parties, including Integration Partner(s), nor to create any obligations of a party to any such third parties, and any such rights and liabilities are hereby expressly disclaimed.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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