Common use of Fundamental Condition Clause in Contracts

Fundamental Condition. The provisions of this Section 7 are fundamental to the entire Agreement and the Company is entering into this Agreement wholly in reliance upon the Hotel's fulfilling all of its undertakings herein in a timely fashion. Any material breach by the Hotel of the provisions of this Section 7 above, including non-payment of the Company's Share for two (2) consecutive months, tardy payment of the Company's Share on three (3) consecutive occasions in any twelve (12) month period, and/or any other action or omission on the part of the Hotel which prevents, or substantially hinders the Company's performance of its obligations under this Agreement, shall be deemed to be a material breach of this Agreement and the provisions of Section 8.4 below shall apply.

Fundamental Condition. The provisions of this Section 7 are fundamental to the entire Agreement and the Company is entering into this Agreement wholly in reliance upon the Hotel's fulfilling all of its undertakings herein in a timely fashion. Any material breach by the Hotel of the provisions of this Section 7 above, including non-payment of the Company's Share for two (2) consecutive months, tardy payment of the Company's Share on three (3) consecutive occasions in any twelve (12) month period, and/or any other action or omission on the part of the Hotel which prevents, or substantially hinders the Company's performance of its obligations under this Agreement, shall be deemed to be a material breach of this Agreement and the provisions of Section 8.4 below shall apply. 8.