Common use of Essential Basis Clause in Contracts

Essential Basis. 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.

Appears in 18 contracts

Samples: Digital Ticket Sales Agreement, Software License Agreement, Services Agreement

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Essential Basis. The disclaimers, exclusions 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. The disclaimers, exclusions, and limitations of liability set forth in this Agreement shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Appears in 10 contracts

Samples: Hosted Services Subscription Agreement, Terms of Sale, Terms of Sale

Essential Basis. The Parties agree that 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 terms of this Agreement, including, without limitation, the economic terms, would be substantially different. Any laws preventing such limitations on liability shall only apply to the extent required by law and the remaining unaffected terms shall apply in full.

Appears in 3 contracts

Samples: Software License Agreement, End User License Agreement, End User License Agreement

Essential Basis. The disclaimers, exclusions 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 exclusions, or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, 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.

Appears in 2 contracts

Samples: Terms of Service, Cisco Umbrella Enterprise Terms of Service

Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, including without limitation, the economic terms, would be substantially different.

Appears in 1 contract

Samples: End User License Agreement

Essential Basis. 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, including the economic terms, would be substantially different.

Appears in 1 contract

Samples: Master Services Agreement

Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic termsAgreement, would be substantially different.

Appears in 1 contract

Samples: Sales Alliance Agreement

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Essential Basis. The disclaimers, exclusions exclusions, and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, Parties and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, Agreement – including, without limitation, the economic terms, terms – would be substantially different.

Appears in 1 contract

Samples: Cloud and Support Agreement

Essential Basis. The parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Agreement and the allocation of risk herein form an essential basis of the bargain between the Partiesparties, andand that, absent any of such disclaimers, exclusions or limitations of liability, the provisions terms of this Agreement, including, without limitation, including the economic terms, would be substantially differentdifferent and without which SKOUT would not have entered into this Agreement.

Appears in 1 contract

Samples: Managed Services Provider Agreement

Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, including the economic terms, would be substantially different.

Appears in 1 contract

Samples: License Agreement

Essential Basis. 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.

Appears in 1 contract

Samples: Service Agreement

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