Essential Basis of the Bargain. Customer acknowledges that Xxxx has set its Product prices and entered into the Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties, and Customer’s indemnity obligations set forth herein, that the same form an essential basis of the bargain between the Parties, and THAT THE CONSIDERATION WOULD BE HIGHER IF XXXX WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
Essential Basis of the Bargain. Customer acknowledges that Merz has set its Product prices and entered into the Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties, and Customer’s indemnity obligations set forth herein, that the same form an essential basis of the bargain between the Parties, and THAT THE CONSIDERATION WOULD BE HIGHER IF MERZ WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
Essential Basis of the Bargain. The Parties acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in this Article 12 form an essential basis of this Agreement and that, absent any of such disclaimers, exclusions, or limitations of liability, the terms of this Agreement, including but not limited to the economic terms, would be substantially different.
Essential Basis of the Bargain. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
