Common use of Commercial Activities Clause in Contracts

Commercial Activities. A variety of commercial activities are and will be conducted in and adjacent to the Resort (as further described below, the “Commercial Activities”). The Commercial Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Commercial Activities may include, without limitation: operation of full service hotel(s) and/or timeshare, vacation club or similar facilities, any of which may include health spa(s) with associated swimming pool(s) and other indoor or outdoor recreational facilities; meetings, conferences, banquets and other group events; sales and rentals of clothing, skis, ski-related equipment, other over the snow equipment, bicycles and other recreational equipment; sales of tickets for chairlifts, gondolas, other transportation systems and other activities and events conducted on the Mountain Recreational Areas; indoor and outdoor restaurant and bar operations (including the sale of food and alcoholic and non-alcoholic beverages for on-site and off-site consumption and preparation of hot and cold food (through the use of barbecue grills, fire pits and other smoke and/or odor producing means)) and beverages at indoor and outdoor facilities on and immediately adjacent to the Unit; sales of servicing relating to skiing, other over-the snow- activities, and other recreational activities (including tuning, waxing, repairing, and mounting bindings on, renting, storing and transporting skis, tours and excursions; public use of the Resort for access to the Mountain Recreational Areas, vehicle passenger drop-off and pick-up, locker room, changing room, rest room and lounge purposes in designated areas, and short-term closing and equipment storage; parking activities (including activities relating to valet parking or parking related to adjacent properties); the installation, operation and maintenance of illuminated and non- illuminated signage; concerts and other outdoor and indoor entertainment, performance and special events, including the playing of live or recorded music through speakers or amplifiers; and any other uses or activities permitted by law. The Commercial Activities may occur during daytime and nighttime. Purchaser acknowledges that Commercial Activities, and the impacts and disturbances generated by them, may occur in and around the Resort. Purchaser may not assert or claim any violation of this Agreement or the Project Documents based on the existence or occurrence of Commercial Activities, or impacts and disturbances generated by them. Purchaser, for itself and the Purchaser Parties, forever waives and releases any actions or claims such parties may have against the Residence Association, the Resort Association, Seller and the Seller Parties which in any way arise out of the impacts and disturbances generated from Commercial Activities. The provisions of this subparagraph shall survive the Closing.