Common use of Allocation of Risk Clause in Contracts

Allocation of Risk. The parties acknowledge and affirm that the sections on limitation of liability, warranties and disclaimer of warranties and damage limitation in this Agreement allocate the risks between the parties. This allocation is reflected in the pricing of the Products and is an essential element of the basis of the bargain between the parties.

Appears in 7 contracts

Samples: Manufacturing Services Agreement (Adaptec Inc), Manufacturing Services Agreement (Roxio Inc), Chip Manufacturing Agreement (Jni Corp)

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Allocation of Risk. The parties acknowledge and affirm that the sections Sections on limitation of liability, warranties and disclaimer limitation of warranties and damage limitation in this Agreement limited warranties allocate the risks of this Agreement between the partiesParties. This allocation is reflected in the pricing of the Products license fees and is an essential element of the basis of the bargain between the partiesParties.

Appears in 1 contract

Samples: Software License Agreement (Netratings Inc)

Allocation of Risk. The parties acknowledge and affirm that the sections on limitation of liability, warranties limitation of warranties, and disclaimer of warranties and damage limitation in this Agreement indemnity allocate the risks of this agreement between the parties. This allocation is reflected in the pricing of the Products purchased hereunder and is an essential element of the basis of the bargain between the parties.

Appears in 1 contract

Samples: Stratedge Corporation Terms and Agreement

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Allocation of Risk. The parties acknowledge and affirm that the sections on limitation of liability, warranties and disclaimer of warranties and damage limitation in this Agreement allocate the risks between in the Agreement among the parties. This allocation is reflected in the pricing of fees payable between the Products Parties pursuant to this Agreement, the Joint Venture Agreement, and the Technology License Agreement, and is an essential element of the basis of the bargain between the parties.

Appears in 1 contract

Samples: Operations Agreement (Optimark Technologies Inc)

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