Common use of Material Considerations Clause in Contracts

Material Considerations. Each and every term, condition, covenant and provision of this Agreement is and shall be deemed to be a material part of the consideration for City's entry into this Agreement, and any breach hereof by Operator shall be deemed to be a material breach. Each term and provision of this Agreement performable by Operator shall be construed to be both a covenant and a condition.

Material Considerations. Each and every term, condition, covenant and provision of this Agreement is and shall be deemed to be a material part of the consideration for City's entry into this Agreement, and any breach hereof by Operator District shall be deemed to be a material breach. Each term and provision of this Agreement performable to be performed by Operator District shall be construed to be both a covenant and a condition.