Reasonable Allocation of Risk. The Parties understand and agree that the limitations of liability set forth in this Section 6.2 are a reasonable allocation of risk between the Parties, and, absent such allocation, Hydro Phi would not be able to charge the prices it is charging for the Products. Furthermore, the limitations of liability set forth in this Agreement will apply notwithstanding any failure of essential purpose of any limited remedy provided herein.
Appears in 2 contracts
Sources: Super Regional Distribution and Service Provider Agreement (HydroPhi Technologies Group, Inc.), Super Regional Distribution and Service Provider Agreement (HydroPhi Technologies Group, Inc.)