Common use of Ski Area Clause in Contracts

Ski Area. The Commercial Activities will also include activities relating to the recreational areas known as Keystone Mountain (the “Ski Area”). The Ski Area represents a unique and desirable amenity that includes many year-round activities. As such, the Ski Area may generate an unpredictable amount of visible, audible and odorous impacts and disturbances from activities relating to the construction, operation, use and maintenance thereof. As such (a) the Residence is located adjacent to or in the vicinity of areas used for skiing, all-season recreational purposes and other Mountain Activities (the “Mountain Recreational Areas”); (b) the Mountain Recreational Areas are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances from activities relating to the construction, operation, use and maintenance of the Mountain Recreational Areas (the “Mountain Activities”); (c) the Mountain Activities may include, without limitation: (i) movement and operation of passenger vehicles (including buses, vans and other vehicles transporting passengers over adjacent streets and over, around and through the Mountain Recreational Areas), commercial vehicles, and construction vehicles and equipment; (ii) activities relating to the construction, operation and maintenance of roads, trails, ski trails, skiways and other facilities relating to the Mountain Recreational Areas (including tree cutting and clearing, trading and earth moving and other construction activities, construction, operating and maintenance of access roads, snow making equipment, chairlifts, gondola, busses or other transportation systems, operation of vehicles and equipment relating to trash removal, snow removal, snow grooming and over-the-snow or over-the-terrain transportation purposes, and operation of safety and supervision vehicles); (iii) activities relating to the use of the Mountain Recreational Areas (including skiing, snow-boarding, ski-patrol activities, and other over-the-snow activities, hiking, horseback riding, alpine slide, zipline, bicycling and other recreational activities); (iv) ski racing and organized events and competitions relating to the activities described in clause (iii) above; (v) concerts, festivals, art and other shows and displays, fireworks displays, outdoor markets and other performances and special events; (vi) restaurants, clubs, restrooms and other public use facilities; (vii) public access to adjacent U.S. Forest Service lands; (viii) public parking facilities and the traffic related thereto; (ix) exterior lighting as necessary for the above activities, both temporary and permanent; and (x) other activities permitted by law; and (d) the Mountain Activities may occur during daytime and nighttime and may be temporarily or permanently interrupted, discontinued or modified, in whole or in part, from time to time.