Common use of Basis of the Bargain Clause in Contracts

Basis of the Bargain. Each Party acknowledges that the foregoing limitations are an essential element of the Agreement between the Parties and that in the absence of such limitations the pricing and other terms set forth in this Agreement would be substantially different.

Appears in 16 contracts

Samples: Information Technology Services Agreement, Master Application Services Agreement (Hawaiian Telcom Holdco, Inc.), General Administrative Services Agreement (Spansion Inc.)

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Basis of the Bargain. Each Party party acknowledges that the foregoing limitations are an essential element of the Agreement between the Parties parties and that in the absence of such limitations the pricing and other terms set forth in this Agreement would be substantially different.

Appears in 1 contract

Samples: Service and Logistics Agreement (Brooks Automation Inc)

Basis of the Bargain. Each Party acknowledges that the foregoing limitations are an essential element of the this Agreement between the Parties and that in the absence of such limitations the pricing and other terms set forth in this Agreement would be substantially different.. * CONFIDENTIAL TREATMENT REQUESTED 45

Appears in 1 contract

Samples: Technology Services Agreement (Pacificare Health Systems Inc /De/)

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Basis of the Bargain. Each Party acknowledges that the foregoing limitations are an essential element of the this Agreement between the Parties and that in the absence of such limitations the pricing and other terms set forth in this Agreement would be substantially different.

Appears in 1 contract

Samples: Technology Services Agreement (Pacificare Health Systems Inc /De/)

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