Common use of Independent Allocations of Risk Clause in Contracts

Independent Allocations of Risk. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of these terms between the parties. This allocation is reflected in the pricing offered by us to you 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 these terms. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy in these terms.‌

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

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Independent Allocations of Risk. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of these terms between the parties. This allocation is reflected in the pricing offered by us to you 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 these terms. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy in these terms.‌terms.

Appears in 1 contract

Samples: Terms of Service

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Independent Allocations of Risk. Each provision of these terms Terms that provides for a limitation of liability, disclaimer of warrantieswarranties or conditions, or exclusion of damages is to allocate represents an agreed allocation of the risks of these terms this Agreement between the partiesCustomer and Apposite. This allocation is reflected in the pricing offered by us Apposite to you 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 these terms. The limitations in this section Terms, and each of these provisions will apply notwithstanding even if the failure of essential purpose of any limited remedy warranties in these terms.‌Terms have failed of their essential purpose.

Appears in 1 contract

Samples: End User Terms and Conditions

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