Essential Basis of the Agreement Sample Clauses

The "Essential Basis of the Agreement" clause defines the fundamental terms and understandings that form the foundation of the contract between the parties. It typically identifies key assumptions, representations, or conditions that are so critical that, without them, the parties would not have entered into the agreement. For example, it may specify that certain facts or promises are relied upon by both sides as a prerequisite to the deal. This clause's core function is to clarify which elements are indispensable, thereby helping to prevent disputes by making it clear what would constitute a breach so significant that it could justify termination or other remedies.
Essential Basis of the Agreement. Customer acknowledges and understands that the disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the agreement between the Parties, that the Parties have relied upon such disclaimers, exclusions, and limitations of liability in negotiating the terms and conditions herein, and that absent such disclaimers, exclusions, and limitations of liability, the terms and conditions of the Agreement would be substantially different.
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Essential Basis of the Agreement. The limitations of liability provided in these terms inure to the benefit of EOPE OÜ, its directors, employees, partners, agents, suppliers, and affiliates. The limitations set forth in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.
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Essential Basis of the Agreement. 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.
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Essential Basis of the Agreement. Client acknowledges and understands that the disclaimers, exclusions and limitations of liability set forth in this Section 9 form an essential basis of the agreement between the parties, that the parties have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms and conditions in this Agreement, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.
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Essential Basis of the Agreement. Client acknowledges and understands that the disclaimers, exclusions and limitations of liability set forth in this Section 5 form an essential basis of the agreement between OCERIS, Inc. and Client, that OCERIS, Inc. and Client have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms and conditions in this Agreement, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.
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Related to Essential Basis of the Agreement

  • OBJECTIVES OF THE AGREEMENT 7.1 The parties agree that key objectives of this agreement are; (a) to provide terms and conditions of employment commensurate with the challenges associated with working in the construction industry (b) to provide safe working conditions (c) to provide a functional work/life balance and a comfortable standard of living (d) providing a framework that seeks to maximise productivity and minimise lost time. 7.2 This shall be achieved through genuine communication, consultation, collaboration and a sensible and practical application of terms contained in this agreement.

  • Duration of the Agreement This Agreement shall come into effect on the day and year stated in Box 4 and shall continue until the date stated in Box 17. Thereafter it shall continue until terminated by either party giving to the other notice in writing, in which event the Agreement shall terminate upon the expiration of a period of two months from the date upon which such notice was given.

  • Performance of the Agreement 1.1 After consideration and evaluation of the CONTRACTOR’s proposal, the County hereby engages CONTRACTOR to provide the services set forth in RFP #10800 and in this AGREEMENT on the terms and conditions contained herein and in RFP #10800. The intent of this AGREEMENT is to summarize the contractual obligations of the parties. This AGREEMENT is based on the following supporting documents: AGREEMENT RFP #10800 dated October 28, 2021, including all attachments and Exhibits CONTRACTOR’s Proposal dated October 1, 2021 1.2 These documents are on file with the Contracts/Purchasing Division. 1.3 All of the above-referenced documents are intended to be complementary. Work required by one of the above-referenced documents and not by others shall be done as if required by all. In the event of a conflict between or among component parts of the contract, the contract documents DocuSign Envelope ID: D66372BF-63AB-4E1D-9D2B-E3C76AD95DD3 DocuSign Envelope ID: EFDFC7E0-B3F1-47A6-A2DA-7B275D29B85A DocuSign Envelope ID: DB45B90F-E7F7-4777-94D2-7607F5FFB042 shall be construed in the following order: AGREEMENT, RFP #10800, CONTRACTOR’s Proposal, including all attachments and exhibits. 1.4 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR’s agents, employees, and subcontractors performing services under this AGREEMENT are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this AGREEMENT and are not employees of the County, or immediate family of an employee of the County. 1.5 CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this AGREEMENT that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements. 1.5.1 CONTRACTOR must maintain all licenses throughout the term of the AGREEMENT. 1.6 CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this AGREEMENT, except as otherwise specified in this AGREEMENT. CONTRACTOR shall not use County premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this AGREEMENT.

  • Status of the Agreement This Agreement shall supersede any rules, regulations, policies, resolutions or practices of the District, which shall be contrary to or inconsistent with its terms.

  • Termination of the Agreement In the event of failure by the participant to perform any of the obligations arising from the agreement, and regardless of the consequences provided for under the applicable law, the institution is legally entitled to terminate or cancel the agreement without any further legal formality where no action is taken by the participant within one month of receiving notification by registered letter. If the participant terminates the agreement before its agreement ends or if he/she fails to follow the agreement in accordance with the rules, he/she shall have to refund the amount of the grant already paid, except if agreed differently with the sending organisation. In case of termination by the participant due to "force majeure", i.e. an unforeseeable exceptional situation or event beyond the participant's control and not attributable to error or negligence on his/her part, the participant shall be entitled to receive at least the amount of the grant corresponding to the actual duration of the mobility period. Any remaining funds shall have to be refunded, except if agreed differently with the sending organisation.