that the parties to the agreement must perform by the time to which the parties have agreed

if a delay will cause material harm, such as the court's interpretation in the case

of Foundation Development Corp. v. Loehmann’s Inc. 788 P.2d 1189. In that case, a minor

delay was not held to cause material harm and thus no breach of contract occurred.

Compare this to an "express clause" where a specific contract term must be performed

to avoid breach, such as in the court decision in Dove v. Rose Acre Farms, Inc. 434 N.E.2d

931. Contrast this with reasonable time, where

a delay in performing may be justified if it is reasonably required, based upon subjective

circumstances such as unexpected weather. Black's Law Dictionary.