Essential Basis of Bargain Sample Clauses

Essential Basis of Bargain. You acknowledge and agree that the fees we charge reflect the overall allocation of risk between us, including by means of the provisions for limitation of liability, indemnity and exclusive remedies described in this Agreement. Such provisions form an essential basis of the bargain between us and a modification of such provisions would affect substantially the fees charged by Forecast5 hereunder. In consideration of such fees, you agree to such allocation of risk and hereby waive any and all rights, through equitable relief or otherwise, to subsequently seek a modification of such provisions or allocation of risk.
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Essential Basis of Bargain. Customer acknowledges that the Fees reflect the overall allocation of risk between the parties, including by means of the provisions for limitation of liability and exclusive remedies described in this Agreement. Such provisions form an essential basis of the bargain between the parties and a modification of such provisions would affect substantially the Fees charged by MaxRecall. In consideration of such Fees, Customer agrees to such allocation of risk and hereby waives any and all rights, through equitable relief or otherwise, to subsequently seek a modification of such provisions or allocation of risk.
Sample 1
Essential Basis of Bargain. Customer acknowledges that the fees charged by LLamasoft reflect the overall allocation of risk between the parties, including by means of the provisions for limitation of liability and exclusive remedies described in this Agreement. Such provisions form an essential basis of the bargain between the parties and a modification of such provisions would affect substantially the fees charged by LLamasoft. In consideration of such fees, Customer agrees to such allocation of risk and hereby waives any right, through equitable relief or otherwise, to subsequently seek a modification of such provisions or allocation of risk.
Sample 1
Essential Basis of Bargain. Customer acknowledges and agrees that the fees charged by the Company under this Contract reflect the overall allocation of risk between the parties and are an essential basis of the bargain.
Sample 1
Essential Basis of Bargain. The Parties have agreed that the limitations of liability specified in this Section 6 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The Parties have entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and the same form an essential basis of the bargain between the Parties.
Sample 1

Related to Essential Basis of Bargain

  • Basis of Bargain The Limited Warranty and Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between PremiumSoft and you. PremiumSoft would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer and Limited Liability inure to the benefit of PremiumSoft's licensors.

  • 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.

  • Basis of Subvention The basis of subvention is set out in the offer and notification letters issued by SWD to the Service Operator.

  • BASIS OF CONTRACT 2.1 The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions.

  • Basis of Compensation The Owner shall compensate the Architect/Engineer for the services provided in accordance with Article 7. Payments to the Architect/Engineer shall be as follows:

  • Compensation for Damage or Loss (1) When investments made by investors of either Contracting Party suffer damage or loss owing to war or other armed conflict, a state of national emergency, revolt, civil disturbances, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that the latter Contracting Party accords to its own investors or investors of any third state, whichever is the most favourable.

  • Waiver of Bargaining While this MOU is in full force and effect, Employer and Union each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to the express subjects or matters included in this MOU, except as otherwise specified in this MOU.

  • CONTRIBUTOR’S STATUS Contributor is a corporation (or other form of artificial legal entity or juristic person) and is therefore a Constituent (defined in the Policy) and will be represented in OpenID by Representatives (defined in the Policy). Contributor’s initial Representatives are identified in Table 1 above, and in Exhibit 1 (if attached), and Contributor may change its Representatives from time to time on written notice to OIDF. Each Representative will also be required to click through the OIDF Online Contribution Agreement on its own behalf. Contributor will, as soon as commercially practicable (and in any case before the next Work Group meeting attended by any of its Representatives), notify OIDF in writing of any change of status of its Representatives.

  • Basis of Award No additional documents submitted by a Bidder should be incorporated in the contract unless it is specifically identified and incorporated by reference in the attached contract document. Balance of page intentionally left blank

  • Basis of Agreement Subject to the terms and conditions herein provided, during the period of this Agreement, the Managers shall carry out Management Services in respect of the Vessel as agents for and on behalf of the Owners. The Managers shall have authority to take such actions as they may from time to time in their absolute discretion consider to be necessary to enable them to perform this Agreement in accordance with sound ship management practice.

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