Common use of Material Breach Clause in Contracts

Material Breach. A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to maintain one or more Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).

Appears in 794 contracts

Samples: California Competes Tax Credit Allocation Agreement, California Competes Tax Credit Allocation Agreement, California Competes Tax Credit Allocation Agreement

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Material Breach. A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to maintain one or more any of the three (3) employee based Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).

Appears in 314 contracts

Samples: California Competes Tax Credit Allocation Agreement, California Competes Tax Credit Allocation Agreement, California Competes Tax Credit Allocation Agreement

Material Breach. A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to maintain one or more any of the three (3) employee-based Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).

Appears in 34 contracts

Samples: California Competes Tax Credit Allocation Agreement, California Competes Tax Credit Allocation Agreement, California Competes Tax Credit Allocation Agreement

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Material Breach. A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to materially maintain one or more Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).

Appears in 2 contracts

Samples: California Competes Tax Credit Allocation Agreement, California Competes Tax Credit Allocation Agreement

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