Common use of Substantial Public Uses Clause in Contracts

Substantial Public Uses. The Project contains the District Unit, which includes public pedestrian access improvements, restrooms, storage, lockers, escalators, lobby and related improvements, and are generally utilized to provide such areas for public use and enjoyment. Further, a Check-In Unit or Units within the Project are to provide check-in for owners, guests and renters of properties both within and outside of Snowmass Base Village in the manner and subject to the restrictions determined by the owner and/or operator of such Check-In Unit(s). Additionally, the Project is located immediately adjacent to a public plaza and winter ice skating area and other public areas. Accordingly, there is expected to be a substantial level of public traffic and activity within and adjacent to the Project, which may generate considerable noise, disturbances and other inconveniences to Purchaser. These areas and uses may also discontinue or may close during periods of the year at the discretion of the applicable owner or operator of same. No interest in or right to use any amenity located near the Project (other than pursuant to the Fitness Facility License Agreement), shall be held by any Owner by virtue of ownership of a Unit. The owners of those facilities shall have the right, in their sole discretion, to remove, relocate, discontinue operation of, restrict access to, charge fees for the use of, sell interests in or otherwise deal with such assets in their sole discretion without regard to any prior use of or benefit to Purchaser.

Appears in 6 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

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