Legal Challenge. As used in this Agreement, “Legal Challenge” means: any judicial proceeding or other legal action brought by a third party, including referendum or initiative, that challenges this Agreement, the annexation of the Xxxxxx Creek Village Property to the Town (the “Annexation”), the zoning of the Xxxxxx Creek Village Property (the “Zoning”), the Development Guide Agreement including the FDP, the formation of any of the Districts, the Town’s approval of any of the Service Plans, or any of the Town’s resolutions or ordinances approving this Agreement, the Annexation, the Zoning, the Development Guide Agreement including the FDP, or the Service Plans. If a Legal Challenge occurs, this Agreement shall not become effective until the entry of a final, non-appealable order resolving such Legal Challenge substantially in favor of the Town and the Owners (the “Resolution of the Legal Challenge”). The Parties covenant and agree to cooperate in good faith in the event of a Legal Challenge.
Appears in 5 contracts
Samples: Annexation Agreement, Annexation Agreement, Annexation Agreement
