Common use of Independent Allocations of Risk Clause in Contracts

Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this Agreement between the parties. This allocation is reflected in the pricing oered by Xxxxx to Customer and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this Section 9 will apply notwithstanding the failure of the essential purpose of any limited remedy in this agreement.

Appears in 3 contracts

Samples: wazuh.com, wazuh.com, wazuh.com

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Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate represents an agreed allocation of the risks of this the Agreement between the partiesParties. This allocation is reflected reflected in the pricing oered offered by Xxxxx to Customer DocuSign and is an essential element of the basis of the bargain between the partiesParties. Each of these provisions is severable and independent of all other provisions of this the Agreement. The limitations in this Section 9 , and each of these provisions will apply notwithstanding even if the failure warranties in the Agreement have failed of the their essential purpose of any limited remedy in this agreementpurpose.

Appears in 2 contracts

Samples: Docusign Master Services Agreement, Docusign Master Services Agreement

Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this Agreement between the parties. This allocation is reflected in the pricing oered by Xxxxx to Customer and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this Section 9 will apply notwithstanding the failure of the essential purpose of any limited remedy in this agreementAgreement.

Appears in 2 contracts

Samples: Cloud Terms, Cloud Terms

Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate represents an agreed allocation of the risks of this Agreement between the partiesParties. This allocation is reflected reflected in the pricing oered offered by Xxxxx DocuSign to Customer and is an essential element of the basis of the bargain between the partiesParties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations , and each of these provisions will apply even if the warranties in this Section 9 will apply notwithstanding the failure Agreement have failed of the their essential purpose of any limited remedy in this agreementpurpose.

Appears in 2 contracts

Samples: Docusign Master Services Agreement, Docusign Master Services Agreement

Independent Allocations of Risk. Each provision of this the Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate represents an agreed allocation of the risks of this Agreement between the partiesParties. This allocation is reflected reflected in the pricing oered offered by Xxxxx DocuSign to Customer and is an essential element of the basis of the bargain between the partiesParties. Each of these provisions is severable and independent of all other provisions of this the Agreement. The limitations in this Section 9 , and each of these provisions will apply notwithstanding even if the failure warranties in the Agreement have failed of the their essential purpose of any limited remedy in this agreementpurpose.

Appears in 1 contract

Samples: Professional Services Agreement

Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, warranties or exclusion of damages is to allocate the risks of this Agreement between the partiesParties. This allocation is reflected reflected in the pricing oered offered by Xxxxx Anaconda to Customer Subscriber and is an essential element of the basis of the bargain between the partiesParties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this Section 9 will apply notwithstanding the failure of the essential purpose of any limited remedy in this agreementAgreement.

Appears in 1 contract

Samples: Software Subscription Agreement

Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this Agreement between the parties. This allocation is reflected in the pricing oered offered by Xxxxx Simpragma to the Customer and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this Section 9 section will apply notwithstanding the failure of the essential purpose of any limited remedy in this agreementAgreement.

Appears in 1 contract

Samples: Subscription Software Agreement

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Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate represents an agreed allocation of the risks of this Agreement between the partiesParties. This allocation is reflected reflected in the pricing oered offered by Xxxxx PULSAR SECURITY to Customer SUBSCRIBER and is an essential element of the basis of the bargain between the partiesParties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations , and each of these provisions will apply even if the warranties in this Section 9 will apply notwithstanding the failure Agreement have failed of the their essential purpose of any limited remedy in this agreementpurpose.

Appears in 1 contract

Samples: Terms and Conditions

Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate represents an agreed allocation of the risks of this Agreement between the partiesParties. This allocation is reflected reflected in the pricing oered offered by Xxxxx DocuSign to Customer and is an essential element of the basis of the bargain between the partiesParties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations , and each of these provisions will apply even if the warranties in this Section 9 will apply notwithstanding the failure Agreement have failed of the their essential purpose of any limited remedy in this agreementpurpose. 11. CONFIDENTIALITY.

Appears in 1 contract

Samples: Docusign Master Services Agreement

Independent Allocations of Risk. Each provision of this the Agreement that provides for a limitation of liability, disclaimer of warrantiesdisclaimer, or exclusion of damages is intended to allocate the risks of this the Agreement between the parties. This allocation is reflected in the pricing oered offered by Xxxxx CrowdSense to Customer and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this the Agreement. The limitations in this Section 9 Article 13 will apply notwithstanding the failure of the essential purpose of any limited remedy in this agreementremedy.

Appears in 1 contract

Samples: Service Subscription Agreement

Independent Allocations of Risk. Each provision of this the Agreement that provides for a limitation of liability, disclaimer of warrantiesdisclaimer, or exclusion of damages is intended to allocate the risks of this the Agreement between the parties. This allocation is reflected reflected in the pricing oered offered by Xxxxx Provider to Customer and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this the Agreement. The limitations in this Section 9 Article 12 will apply notwithstanding the failure of the essential purpose of any limited remedy in this agreementremedy.

Appears in 1 contract

Samples: End User License Agreement

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