Mind & Motion Utah Investments, LLC v. Celtic Bank Corp., 2015 UT 94 (Dec. 16, 2015)

Even though fulfillment of the provision depended on something outside the contracting party’s control, the Court held that a provision in a real estate purchase contract that required a plat to be recorded was unambiguously a mandatory covenant because the parties used explicitly mandatory language to characterize it, while using explicitly conditional language elsewhere in the agreement.