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 20 contracts

Sources: Digital Ticket Sales Agreement, Digital Ticket Sales Agreement, Software 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 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 11 contracts

Sources: 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

Sources: Software License Agreement, 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

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

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

Sources: 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 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

Sources: Service 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

Sources: 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, the economic termsAgreement, would be substantially different.

Appears in 1 contract

Sources: Sales Alliance 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, including without limitation, the economic terms, would be substantially different.

Appears in 1 contract

Sources: 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, 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

Sources: Cloud and Support 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

Sources: 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

Sources: Master Services Agreement