Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 form an essential basis of this Agreement, and that, absent any such disclaimers, exclusions or limitations of liability, the terms of this Agreement, including, without limitation, the economic terms, would be substantially different.
Appears in 7 contracts
Samples: Master Agreement, Master Agreement (Laureate Education, Inc.), Master Agreement
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 8 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, without limitation, the economic terms, would be substantially different.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section Sections 6 and 7 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, including without limitation, limitation the economic terms, would be substantially different.
Appears in 3 contracts
Samples: Master Services Agreement (Motricity Inc), Master Services Agreement (Motricity Inc), Master Services Agreement (Motricity Inc)
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 Article 13 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, without limitation, including the economic terms, would be substantially different.
Appears in 3 contracts
Samples: Collaboration Agreement (Biotech Spinco, Inc.), Collaboration Agreement (Protein Design Labs Inc/De), Collaboration Agreement (Facet Biotech Corp)
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 Article 11 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, without limitation, including the economic terms, would be substantially different.
Appears in 3 contracts
Samples: Commercialization and License Agreement (Aptalis Holdings Inc.), Commercialization and License Agreement (Aptalis Pharma Inc), Commercialization and License Agreement (Aptalis Pharma Inc)
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 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, without limitation, the economic terms, would be substantially different.
Appears in 3 contracts
Samples: Collaboration Agreement (Shire Pharmaceuticals Group PLC), Collaboration Agreement (New River Pharmaceuticals Inc), Collaboration Agreement (Shire Pharmaceuticals Group PLC)
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 Article 11 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, without limitation, the economic terms, would be substantially different.
Appears in 2 contracts
Samples: Row Territory License Agreement (New River Pharmaceuticals Inc), Row Territory License Agreement (Shire Pharmaceuticals Group PLC)
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 11.3 and 15 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, without limitation, the economic terms, would be substantially different.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Kos Pharmaceuticals Inc), Collaboration and License Agreement (Kos Pharmaceuticals Inc)
Essential Basis. The Parties parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 12 form an essential basis of this Agreement, and that, absent any such disclaimers, exclusions or limitations of liability, the terms of this Agreement, including, without limitation, the economic terms, would be substantially different.
Appears in 2 contracts
Samples: Asp License Agreement and Terms of Service, Asp License Agreement and Terms of Service
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 5 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, without limitation, the economic terms, would be substantially different.
Appears in 2 contracts
Essential Basis. The Parties parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section Sections 6 and 7 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, including without limitation, limitation the economic terms, would be substantially different.
Appears in 1 contract
Essential Basis. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Section 7 11 and the minimum Term set forth in Section 14.1 form an essential basis of this Agreement, and that, absent of any such disclaimers, exclusions or limitations of liability, the terms of this Agreement, including, without limitation, the economic terms, would could be substantially different.
Appears in 1 contract
Samples: Master Software Agreement