Common use of Material Breach of Agreement Clause in Contracts

Material Breach of Agreement. Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions: (a) Applicant is determined to have failed to meet its obligations to have made accurate representations of fact in submission of its Application as is required by Section 8.13, below. (b) Applicant fails to Maintain Viable Presence in the District, as required by Section 7.3 of this Agreement, through the Final Termination Date of this Agreement. (c) Applicant fails to make any payment required under Articles III or IV of this Agreement on or before its due date. (d) Applicant fails to create and maintain at least the number of New Jobs it committed to create and maintain set forth on Schedule C, Column C of its Application. (e) Applicant fails to create and maintain at least the number of New Jobs it committed to create and maintain set forth on Schedule C, Column E of its Application. (f) Applicant fails to create and maintain at least Eighty Percent (80%) of all New Jobs created by Applicant on the project as Qualifying Jobs. (g) Applicant makes any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313, Tex. Tax Code, in excess of the amounts set forth in Articles III and IV, above. Voluntary donations made by Applicant to the District after the date of execution of this Agreement, and not mandated by this Agreement or made in recognition of consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313 are not barred by this provision. (h) Applicant fails to comply with any other term of this Agreement, or Applicant fails to meet its obligations under the applicable Comptroller’s Rules, and under the Texas Economic Development Act.

Material Breach of Agreement. Applicant shall be in “Material Breach of this Agreement Agreement” (herein so called) if it commits one or more of the following acts or omissions: (a) The Applicant is determined to have failed to meet its obligations to have made make accurate material representations of fact in the submission of its Application as is required by Section 8.138.14, below. (b) Subject to Section 5.2, the Applicant fails to Maintain Viable Presence in the District, as required by Section 7.3 of this Agreement, through the Final Termination Date of this Agreement. (c) The Applicant fails to make any payment required under Articles Article III or IV of this Agreement on or before its due date. (d) Subject to Section 5.2, the Applicant fails to create and maintain at least the number of New Jobs it committed to create and maintain as set forth on Schedule C, in Column C of its Schedule C of the Application. (e) Subject to Section 5.2, the Applicant fails to create and maintain at least the number of New Jobs it committed to create and maintain set forth on Schedule C, Column E of its Application. (f) Applicant fails to create and maintain at least Eighty Percent eighty percent (80%) of all such New Jobs created by Applicant on the project as Qualifying Jobs. (gf) The Applicant makes any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313, Tex. Tax Code, in excess of the amounts set forth in Articles III and IVIV above. Such payments to any other person or persons do not include payments to attorneys, aboveconsultants, or advisors retained by the Applicant in connection with applying for, negotiating and entering into this Agreement. Voluntary donations made by the Applicant to the District after the date of execution of this Agreement, and not mandated by this Agreement or made in recognition of or in consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313 are not barred by this provision. (h) The Applicant fails to materially comply in any material respect with any other material term of this Agreement, or the Applicant materially fails to meet its obligations under the applicable Comptroller’s Rules, and under the Texas Economic Development Act.

Material Breach of Agreement. The Applicant shall be in “Material Breach Breach” of this Agreement if it commits one or more of the following acts or omissions: (a) Applicant is determined to have failed to meet its obligations to have made accurate inaccurate material representations of fact in submission of its Application as is required by Application, in violation of Section 8.13, below. (b) Applicant fails to Maintain Viable Presence in the District, as required by Section 7.3 of this Agreement, through the Final Termination Date of this Agreement. (c) Applicant fails to make any payment required under Articles III or IV of this Agreement on or before its due date. (d) Applicant fails to create and maintain at least make any payment required by this Agreement, or by the number of New Jobs it committed to create and maintain set forth on Schedule C, Column C of State or its Applicationagencies where such payment is authorized or required by the Act or by rules adopted thereunder. (e) Applicant fails to create and maintain at least the number of New Jobs it committed to create and maintain set forth on Schedule C, Column C of its Application. (f) Applicant fails to create and maintain at least the number of Qualifying Jobs it committed to create and maintain on Schedule C, Column E of its Application. (fg) Applicant fails to create and maintain at least Eighty Percent (80%) of all New Jobs created by the Applicant on the project as Qualifying Jobs. (gh) Applicant makes any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313, Tex. Texas Tax Code, in excess of the amounts set forth in Articles III and IV, above. Voluntary donations made by the Applicant to the District after the date of execution of this Agreement, and not mandated by this Agreement or made in recognition of consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313 are not barred by this provision. (hi) Applicant fails to comply in any material respect with any other term of this Agreement, or the Applicant fails to meet its obligations under the applicable Comptroller’s Rules, and under the Texas Economic Development Act, including but not limited to the filing of all required reports related to this Agreement.

Material Breach of Agreement. The Applicant shall be in "Material Breach Breach" of this Agreement if it commits one or more of the following acts or omissions: (ai) Applicant is determined to have failed to meet meets its obligations to have made accurate material representations of fact in the submission of its Application as is required by Section 8.13, belowApplication. (bii) Applicant fails to Maintain Viable Presence in the District, as required by Section 7.3 of this Agreement, through the Final Termination Date of this AgreementDate. (ciii) Applicant fails to make any payment required under Articles III or IV of this Agreement on or before its due date. (div) Applicant fails to create and maintain at least the number of New Qualifying Jobs it committed to create and maintain set forth on Schedule Crequired by Texas Tax Code, Column C of its ApplicationChapter 313, as amended by House Xxxx 0000, 00xx Xxxxxxx Xxxxxxx, Xxxxx Legislature. (ev) Applicant fails to create and maintain at least the number of New Qualifying Jobs it committed to create and maintain as set forth on Schedule C, Column E in the Application no later than the last day of its the tax year specified in the Application. (fvi) Applicant fails to create and maintain at least Eighty Percent (80%) of all New The average weekly wage for Nonqualifying Jobs created by Applicant on Applicant, computed according to Comptroller's Rule § 9.1051(22), is less than the project as Qualifying Jobsaverage weekly wage of all jobs in the county in which the District's administrative office is located. (gvii) Applicant makes any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313, Tex. Tax CodeAgreement, in excess of the amounts set forth in Articles III and IV, above. Voluntary donations made by the Applicant to the District after the date of execution of this Agreement, and not mandated by this Agreement or made in recognition of consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313 are not barred by this provision., (hviii) Applicant fails to comply in any material respect with any other term of this Agreement, or Applicant fails to meet its obligations under the applicable Comptroller’s 's Rules, and under the Texas Economic Development Act.

Material Breach of Agreement. The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions: (a) Applicant is determined to have failed to meet its obligations to have made accurate representations of fact in submission of its Application as is required by Section 8.13, below. (b) Applicant fails to Maintain Viable Presence in the District, as required by Section 7.3 of this Agreement, through the Final Termination Date of this Agreement. (c) Applicant fails to make any payment required under Articles III or IV of this Agreement on or before its due date. (d) Applicant fails to create and maintain at least the number of New Jobs set forth it committed to create and maintain set forth on Schedule C, Column C of its Application. (e) Applicant fails to create and maintain at least the number of New Qualifying Jobs set forth it committed to create and maintain set forth on Schedule C, Column E of its Application. (f) Applicant fails to create and maintain at least Eighty Percent (80%) of all New Jobs created by the Applicant on the project as Qualifying Jobs. (g) Applicant makes any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313, Tex. Texas Tax Code, in excess of the amounts set forth in Articles III and IV, above. Voluntary donations made by the Applicant to the District after the date of execution of this Agreement, and not mandated by this Agreement or made in recognition of consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313 are not barred by this provision. (h) Applicant fails to comply with any other term of this Agreement, or the Applicant fails to meet its obligations under the applicable Comptroller’s Rules, and under the Texas Economic Development Act.

Material Breach of Agreement. The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions: (a) Applicant is determined to have failed to meet its obligations to have made accurate representations of fact in submission of its Application as is required by Section 8.13, below. (b) Applicant fails to Maintain Viable Presence in the District, as required by Section 7.3 of this Agreement, through the Final Termination Date of this Agreement. (c) Applicant fails to make any payment required under Articles III or IV of this Agreement on or before its due date. (d) Applicant fails to create and maintain at least make any payment required by this Agreement, or by the number of New Jobs it committed to create and maintain set forth on Schedule C, Column C of State or its Applicationagencies where such payment is required by the Act or by rules adopted thereunder. (e) Applicant fails to create and maintain at least the number of New Jobs set forth it committed to create and maintain on Schedule C, Column C of its Application. (f) Applicant fails to create and maintain at least the number of Qualifying Jobs set forth it committed to create and maintain on Schedule C, Column E of its Application. (fg) Applicant fails to create and maintain at least Eighty Percent (80%) of all New Jobs created by the Applicant on the project as Qualifying Jobs. (gh) Applicant makes any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313, Tex. Texas Tax Code, in excess of the amounts set forth in Articles III and IV, above. Voluntary donations made by the Applicant to the District after the date of execution of this Agreement, and not mandated by this Agreement or made in recognition of consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313 are not barred by this provision. (hi) Applicant fails to comply with any other term of this Agreement, or the Applicant fails to meet its obligations under the applicable Comptroller’s Rules, and under the Texas Economic Development Act, including but not limited to the filing of all required reports.

Material Breach of Agreement. Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions: (a) Applicant is determined to have failed to meet its obligations to have made make accurate material representations of fact in the submission of its Application as is required by Section 8.138.14, below. (b) Subject to Section 5.2, Applicant fails to Maintain Viable Presence in the District, as required by Section 7.3 of this Agreement, through the Final Termination Date of this Agreement. (c) Applicant fails to make any payment required under Articles Article III or IV of this Agreement on or before its due date. (d) Subject to Section 5.2, Applicant fails to create and maintain at least the number of Qualifying Jobs it committed to create and maintain as set forth in Column E of Schedule C of the Application. (e) Subject to Section 5.2, Applicant fails to create and maintain at least the number of New Jobs it committed to create and maintain as set forth on Schedule C, in Column C of its Application. (e) Applicant fails to create and maintain at least Schedule C of the number of New Jobs it committed to create and maintain set forth on Schedule C, Column E of its Application. (f) Applicant fails to create and maintain at least Eighty Percent (80%) of all New Jobs created by Applicant on the project as Qualifying Jobs. (g) Applicant makes any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313, Tex. Tax Code, in excess of the amounts set forth in Articles III and IVIV above. Such payments to any other person or persons do not include payments to attorneys, aboveconsultants, or advisors retained by the Applicant in connection with applying for, negotiating and entering into this Agreement. Voluntary donations made by Applicant to the District after the date of execution of this Agreement, and not mandated by this Agreement or made in recognition of or in consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313 are not barred by this provision. (hg) The Applicant fails to comply in any material respect with any other term of this Agreement, or the Applicant materially fails to meet its obligations under the applicable Comptroller’s Rules, and under the Texas Economic Development Act.