Common use of Basis of Bargain Clause in Contracts

Basis of Bargain. THE PROVISIONS IN SECTIONS “Disclaimers” AND “Mutual Limitation of Liability” APPLY WITHOUT REGARD TO WHETHER ANY PROVISIONS OF THIS MLSA HAVE BEEN BREACHED, HAVE PROVEN INEFFECTIVE, OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THE PROVISIONS OF SECTION “Disclaimers” AND “Mutual Limitation of Liability” OF THIS MLSA ARE FUNDAMENTAL AND SPECIFIC REQUIREMENTS OF THE BASIS OF THE BARGAIN BETWEEN SNOW AND CUSTOMER, AND SNOW WOULD NOT BE ABLE TO PROVIDE PRODUCTS, PROFESSIONAL SERVICES, OR DELIVERABLES WITHOUT EACH SUCH PROVISION.