Common use of Material Breach of Agreement Clause in Contracts

Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement. (a) The parties acknowledge and agree that any material deviation from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer shall be deemed to have occurred upon the failure of the Developer to substantially comply with a provision of this Agreement or the Development Ordinances applicable to the Property. (b) The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property within any time period. (c) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property prohibited by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s regulatory jurisdiction; 2. The imposition of a requirement to provide regionalization or oversizing of public utilities through some method substantially or materially different than as set forth in this Agreement; 3. An attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required by state or federal law; or 4. An attempt by the City to unreasonably withhold approval of a plat of land within the Property that complies with the requirements of this Agreement. In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement shall provide the remedies for such default.

Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement. (a) The parties acknowledge and agree that any material deviation from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer shall be deemed to have occurred upon the failure of the Developer to substantially comply with a provision of this Agreement or the Development Ordinances applicable to the Property. (b) The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property within any time period. (c) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property prohibited by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s regulatory jurisdiction; 2. The imposition of a requirement to provide regionalization or oversizing of public utilities through some method substantially or materially different than as set forth in this Agreement; 3. An attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required by state or federal law; or 4. An attempt by the City to unreasonably withhold approval of a plat of land within the Property that complies with the requirements of this Agreement. 5. An attempt by the City to withhold access or connection to City Water and/or Sanitary Sewer systems. In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement shall provide the remedies for such default.

Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property Tract be developed in accordance with the terms of this AgreementAgreement and that Developer follow the development plans as set out in the Development Plan. (a) The parties acknowledge and agree that any material deviation from the Development Plan and the concepts of development contained therein and any material deviation by Developer from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer shall be deemed to have occurred upon in any of the following instances: 1. Developer's failure to develop the Tract in compliance with the approved Development Plan, as from time to time amended; or Developer's failure to secure the City's approval of any material or significant modification or amendment to the Development Plan; or 2. Failure of the Developer to substantially comply with a provision of this Agreement or the Development Ordinances a City ordinance applicable to the Propertyland in the Development. (b) The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property Tract within any time period. (c) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property Tract prohibited by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s regulatory jurisdiction; 2. The imposition of a requirement to provide regionalization or oversizing of public utilities through some method substantially or materially different than as the plan set forth in this Agreement; 3. An attempt by the City to enforce any City ordinance within the Property Tract that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required by state or federal law; 4. An attempt by the City to require modification or amendment of the Development Plan where it complies with the requirements of this Agreement; or 45. An attempt by the City to unreasonably withhold approval of a plat of land within the Property that complies with the requirements of this Agreement. In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement Article VI shall provide the remedies for such default.

Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement. (a) a. The parties acknowledge and agree that any material deviation from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer shall be deemed to have occurred upon the failure of the Developer to substantially comply with a provision of this Agreement or the Development Ordinances applicable to the Property. (b) b. The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property within any time period. (c) c. The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property prohibited by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s 's regulatory jurisdiction; 2. The imposition of a requirement to provide regionalization or oversizing of public utilities through some method substantially or materially different than as set forth in this Agreement; 3. An attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required by state or federal law; or 4. An attempt by the City to unreasonably withhold approval of a plat of land within the Property that complies with the requirements of this Agreement. In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement shall provide the remedies for such default.

Material Breach of Agreement. It is the intention of the parties to this Agreement that Agreementthat the Property be developed in accordance with the terms of this Agreement. (a) The parties acknowledge and agree that any material deviation from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer shall be deemed to have occurred upon the failure of the Developer to substantially comply with a provision of this Agreement or the Development Ordinances applicable to the Property. (b) The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property within any time period. (c) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed bedeemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property prohibited by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s 's regulatory jurisdiction; 2. The imposition of a requirement to provide regionalization or oversizing of public utilities through some method substantially or materially different than as set forth in this Agreement; 3. An attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required by state or federal law; or 4. An attempt by the City to unreasonably withhold approval of a plat of land within landwithin the Property that complies with the requirements of this Agreement. In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement shall provide the remedies for such default.

Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement. (a) The parties acknowledge and agree that any material deviation from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer shall be deemed to have occurred upon the failure of the Developer to substantially comply with a provision of this Agreement or the Development Ordinances applicable to the Property. (b) The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property within any time period. (c) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property prohibited by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s 's regulatory jurisdiction; 2. The imposition of a requirement to provide regionalization or oversizing of public utilities through some method substantially or materially different than as set forth in this Agreement; 3. An attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required by state or federal law; or 4. An attempt by the City to unreasonably withhold approval of a plat of land within landwithin the Property that complies with the requirements of this Agreement. In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement shall provide the remedies for such default.

Material Breach of Agreement. It is the intention of the parties Parties to this Agreement that the Property be developed in accordance with the terms of this Agreement. (a) The parties Parties acknowledge and agree that any material substantial deviation by Developer from the material terms of this Agreement Agreement, would frustrate the intent of this Agreement, and and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the Developer shall be deemed to have occurred upon in the failure following instances: 1. Failure by the Developer to petition the City to annex the Property into the corporate limits of the City; 2. Failure by the Developer to substantially comply with a provision of this Agreement or the Development Ordinances applicable to the Property.Agreement; (b) The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property within any time period. (c) The parties Parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property prohibited Property, except as allowed by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s regulatory jurisdictionAgreement; 2. Imposition by the City of a requirement that the Developer, the Developer’s grantee, or a grantee’s successor pay any impact fee or apply for or obtain from the City any permit, obtain any inspection related thereto, or pay any fee for any application, permit, or inspection, other than as may be authorized in this Agreement; 3. The imposition of a requirement for the Developer to provide regionalization or oversizing of public utilities through some method substantially or materially different other than as may be set forth in this Agreement; 34. An attempt by the City to dissolve a Special District serving the Property, not in accordance with this Agreement; 5. An attempt by the City to annex any property now owned or hereafter acquired by Developer subject to this Agreement, not in accordance with this Agreement; 6. An attempt by the City to enforce any City ordinance within that affects the subdivision or development of the Property that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required ; 7. The withholding of plat approval for land within the Property by state or federal law; orthe City if the proposed plat complies with the requirements of this Agreement; 48. An attempt by the City to unreasonably withhold approval of a plat of land release any property now owned or hereafter acquired by Developer within the Property that complies City’s ETJ, from its ETJ without the prior written consent of the Developer; 9. An attempt by the City to exchange, in whole or in part, any property now owned or hereafter acquired by Developer within the City’s ETJ, with another municipality as part of an ETJ exchange without the requirements prior written consent of this Agreementthe Developer. In the event that a party Party to this Agreement believes that another party Party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement Article VII shall provide the remedies for such default.

Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement. (a) The parties acknowledge and agree that any material deviation from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer shall be deemed to have occurred upon in the following instances: 1. Developer’s failure of the Developer to substantially comply with a provision of this Agreement and all exhibits attached and incorporated herein, or the Development Ordinances applicable to the Property. (b) The parties agree that nothing in this Agreement can compel the Developer to proceed or continue to develop the Property within any time period. (c) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances: 1. The imposition or attempted imposition of any moratorium on building or growth on the Property prohibited by State law or that treats development authorized under this Agreement differently than other development occurring throughout the City’s regulatory jurisdiction; 2. The imposition of a requirement to provide regionalization or oversizing of public utilities through some method substantially or materially different than as set forth in this Agreement; 3. An attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement, unless such ordinance is required by state or federal law; or 4. An attempt by the City to unreasonably withhold approval of a plat of land within the Property that complies with the requirements of this Agreement. In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Agreement Article III shall provide the remedies for such default.