Common use of Term and Conditions Clause in Contracts

Term and Conditions. Beginning on the date of this Agreement, and continuing until such time as this Agreement may be terminated as provided herein, Rancher shall have the authority, but not an obligation, to plow snow on the .9 mile Portion of CR 5 during the winter season of 2015-2016, and for such additional xxxxxxx as the parties may agree to extend this Agreement, pursuant to the following terms and conditions: a. Rancher may plow and remove snow on County Road 5 from the intersection of County Road 5 and 5-A to Hidden Xxxxxxx Xxxx, approximately .9 mile. b. Rancher shall not plow any snow from the roadway that has not accumulated to a depth of at least four inches (4") prior to plowing. One to two inches of snow cover shall be left on the road to protect the aggregate surface and to keep the road frozen. c. In order to minimize the impact on skiers using the downhill side of the road, Rancher shall plow and remove snow from one lane (being the width of a plow blade 8 feet wide) by pushing the snow to the uphill side of the road, leaving enough snow on the road for snow mobile use, while allowing Rancher to access its property by 4 wheel drive vehicle; provided however, that when too much snow has accumulated which prevents continuation of plowing to the uphill side, all of the snow will be pushed over the downhill side and over the hill. The road will be groomed if a groomer is available at that time, then plowing will commence to the uphill side again. d. In order to avoid 2 vehicles meeting from opposite directions, the road way will be plowed for a vehicle to pass at the elbow turn, and all authorized vehicle owners will communicate times when they will be using the road. e. County shall post a sign at the parking lot stating “STOP ! AUTHORIZED VEHICLES ONLY - VIOLATORS WILL BE FINED Shared Access next .7 mile - Skiers Left, Snow Mobiles and Authorized Vehicles Right”. f. Vehicles authorized to use and plow the road during winter access will submit license plate numbers to the county. g. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-mounted plows will be acceptable. h. Both parties agree and understand that extreme weather conditions or snow accu- mulations or other emergencies (including but not limited to fire, avalanche rescue, and other emergencies which may require access by emergency vehicles) may re- quire temporary alterations to the plowing and snow removal as outlined above. i. The parties may review this agreement from time to time during the winter of 2015- 16 and may make request upon the other party for reasonable modifications of this Agreement as may be necessary. j. Both parties agree and understand that nothing in this agreement shall preclude the parties from amending any of the terms and conditions of this Agreement to accom- modate changes which change the need for such terms and conditions (such as, but not limited to, changes caused by widening of the road, construction of a separate trail for skiers, or other changes which may make some of the terms and conditions of this Agreement unreasonable or necessary). k. Prior to Rancher commencing winter road maintenance on the Portion of CR 5, the Ouray County Road and Bridge Supervisor shall perform an evaluation of the Road with Rancher in order to determine the Road’s condition just prior to commencement of this Agreement. Thereafter, Rancher shall repair any damage to the road that re- sults from its plowing of the .9 mile Portion of CR 5; such repair to be made to the satisfaction of County. Rancher shall act affirmatively to repair any such damage it finds to have occurred and shall further repair any such damage identified by County to restore the road to the condition it was in just prior to execution of this Agreement; such reasonable repairs to be commenced within seven days of receipt of written no- xxxx of such damage by County to Rancher. l. A users group will be established with a representative from the property owners, skiers and snow mobilers to receive and review complaints and report to the Road and Bridge Supervisor.

Term and Conditions. Beginning on the date Upon execution of this Agreement, and continuing until such time as this Agreement may be terminated as provided herein, Rancher Owner shall have the authority, but not an obligation, to plow snow on the .9 mile Portion of CR 5 during the winter win- ter season of 20152017-2016, and for such additional xxxxxxx as the parties may agree to extend this Agreement2018, pursuant to the following terms and conditions: a. Rancher Owner may plow and remove snow on Portion of CR 5 but shall provide no- xxxx to the County Road 5 from and Bridge Supervisor prior to removing snow, so that the intersection County can verify that the snow removal is conducted according to the terms and conditions of County Road 5 and 5-A to Hidden Xxxxxxx Xxxx, approximately .9 milethis Agreement. b. Rancher Owner and County recognize that for the safety of all road users separating ve- hicular, snowcat and snow mobile use from skiers, snow shoe, sledding and pe- destrian use will help insure safety. Therefore, the Portion of CR 5 will be used for vehicular, snowcat and snow mobile use and the remainder of the 60 foot R.O.W. is for skier, snowshoe, sledding and pedestrian use. c. Owner shall not plow any snow from the roadway that has not accumulated Portion of CR 5 to a depth of at least four inches (4") prior to plowing. One to two allow safe vehicle passage leaving 4 inches of snow cover shall where possible, however, in all cases a mini- mum of 1.5-2 inches of snow cover will be left on the road to protect the aggregate surface and to keep the road frozen. c. In order to minimize the impact on skiers using the downhill side of the road, Rancher shall plow and remove snow from one lane (being the width of a plow blade 8 feet wide) by pushing the snow to the uphill side of the road, leaving enough snow on the road for snow mobile use, while allowing Rancher to access its property by 4 wheel drive vehicle; provided however, that when too much snow has accumulated which prevents continuation of plowing to the uphill side, all of the snow will be pushed over the downhill side and over the hill. The road will be groomed if a groomer is available at that time, then plowing will commence to the uphill side againdamage. d. In order to avoid 2 two vehicles meeting from opposite directionsdirection, the road way will be plowed for a vehicle to pass at the elbow turn, and all authorized vehicle owners own- ers will communicate times when they will be using the road. e. County shall agrees to install a gate to limit vehicles accessing the road, to the extent that access to the road may be lawfully denied. Property owners beyond the gate will be provided a key upon payment of a fee of $50.00. County will also post a sign at near the gate to advise those parking in the parking lot stating “STOP ! AUTHORIZED VEHICLES ONLY - VIOLATORS WILL BE FINED Shared Access next .7 mile - Skiers Left, Snow Mobiles and Authorized Vehicles Right”"Do NOT Block Gate". f. Vehicles authorized to use and plow the road during winter access will submit license plate numbers to the county. g. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-truck mounted plows will shall be acceptableused. h. g. Both parties agree and understand that extreme weather conditions or snow accu- mulations ac- cumulations or other emergencies (including but not limited to firefire , avalanche rescue, and other emergencies which may require access by emergency vehiclesvehi- cles) may re- quire require temporary alterations to the plowing and snow removal as outlined out- lined above. i. h. The parties may review this agreement from time to time during the winter of 2015- 16 2017-18 and may make request upon the other party for reasonable modifications of this Agreement as may be necessary. j. i. Both parties agree and understand that nothing in this agreement shall preclude pre- clude the parties from amending any of the terms and conditions of this Agreement to accom- modate accommodate changes which change the need for such terms and conditions (such asincluding, but not limited to, changes caused by widening of the road, construction of a separate trail for skiers, or other changes which may make some of the terms and conditions of this Agreement unreasonable or necessary). k. j. Prior to Rancher Owner commencing winter road maintenance on the Portion of CR 5, the Ouray County Road and Bridge Supervisor shall perform an evaluation of the Road with Rancher in order Owner to determine the Road’s r oad's condition just prior to commencement com- mencement of this Agreement. Thereafter, Rancher Owner shall repair any damage to the road that re- sults results from its plowing of the .9 mile Portion of CR 5; such repair to be made to the satisfaction of County. Rancher Owner shall act affirmatively to repair any such damage it finds to have occurred that occurs and shall further repair any such damage identified by County to restore the road to the condition it was in just prior to execution of this Agreement; such . Such reasonable repairs to shall be commenced within seven days of receipt of written no- xxxx notice of such damage by County to RancherOwner. l. A users group k. County will be established with forward any comments or complaints received from members of the public regarding plowing or conditions on the subject road segment to Owner on a representative from the property owners, skiers and snow mobilers to receive and review complaints and report to the Road and Bridge Supervisortimely basis.

Term and Conditions. Beginning on the date of this Agreement, and continuing until such time as this Agreement may be terminated as provided herein, Rancher shall have the authority, but not an obligation, to plow snow on the .9 mile Portion of CR 5 during the winter season of 20152016-2016, and for such additional xxxxxxx as the parties may agree to extend this Agreement2017, pursuant to the following terms and conditions: a. Rancher may plow and remove snow on County Road 5 from the intersection of County Road 5 and 5-A to Hidden Xxxxxxx Xxxx, approximately .9 milemiles. b. Rancher shall not plow any snow from the roadway that has not accumulated to a depth of at least four eight inches (48") prior to plowing. One to two At least four inches of snow cover shall be left on the road to protect the aggregate surface and to keep the road frozenroad. c. In order to minimize the impact on skiers using skiers, Rancher will plow one lane as close to the downhill edge of the road as is practicable and safe to use for vehicular access. The parties recognize that one segment of the road may pose special problems with plowing on the downhill side of the road, and Rancher shall plow and remove snow be entitled to maintain a safe distance from one lane (being the width edge of a plow blade 8 feet wide) by pushing the snow to the uphill side of the road, leaving enough snow on the road for snow mobile use, while allowing Rancher to access its property by 4 wheel drive vehicle; provided however, that when too much snow has accumulated which prevents continuation of plowing to the uphill side, all of the snow will be pushed over the downhill side and over the hill. The road will be groomed if a groomer is available at that time, then plowing will commence to the uphill side againvehicular safety purposes. d. In order to avoid 2 two vehicles meeting from opposite directions, the road way will be plowed for a vehicle to pass at the elbow turn, and all authorized vehicle owners will communicate times when they will be using the road. e. The County shall agrees to install a gate to limit vehicles accessing the road, to the extent that access to the road may be lawfully denied. Property owners beyond the gate will be provided a key upon payment of a fee of $50.00. County will also post a sign at near the gate to advise those parking in the parking lot stating “STOP ! AUTHORIZED VEHICLES ONLY - VIOLATORS WILL BE FINED Shared Access next .7 mile - Skiers Left, Snow Mobiles and Authorized Vehicles RightDo NOT Block Gate”. f. Vehicles authorized to use and plow the road during winter access will submit license plate numbers to the county. g. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-mounted plows will be acceptable. h. g. Both parties agree and understand that extreme weather conditions or snow accu- mulations accumulations or other emergencies (including but not limited to fire, avalanche rescue, and other emergencies which may require access by emergency vehicles) may re- quire require temporary alterations to the plowing and snow removal as outlined above. i. h. The parties may review this agreement from time to time during the winter of 2015- 16 and may make request upon the other party for reasonable modifications of this Agreement as may be necessary. j. Both parties agree and understand that nothing in this agreement shall preclude the parties from amending any of the terms and conditions of this Agreement to accom- modate changes which change the need for such terms and conditions (such as, but not limited to, changes caused by widening of the road, construction of a separate trail for skiers, or other changes which may make some of the terms and conditions of this Agreement unreasonable or necessary). k. Prior to Rancher commencing winter road maintenance on the Portion of CR 5, the Ouray County Road and Bridge Supervisor shall perform an evaluation of the Road with Rancher in order to determine the Road’s condition just prior to commencement of this Agreement. Thereafter, Rancher shall repair any damage to the road that re- sults from its plowing of the .9 mile Portion of CR 5; such repair to be made to the satisfaction of County. Rancher shall act affirmatively to repair any such damage it finds to have occurred and shall further repair any such damage identified by County to restore the road to the condition it was in just prior to execution of this Agreement; such reasonable repairs to be commenced within seven days of receipt of written no- xxxx of such damage by County to Rancher. l. A users group will be established with a representative from the property owners, skiers and snow mobilers to receive and review complaints and report to the Road and Bridge Supervisor.2016-

Term and Conditions. Beginning on the date of this Agreement, and continuing until such time as this Agreement may be terminated as provided herein, Rancher Property Owner shall have the authorityau- thority, but not an obligation, to plow snow on the .9 mile Portion of CR 5 during the winter season of 20152017-2016, and for such additional xxxxxxx as the parties may agree to extend this Agreement2018, pursuant to the following terms and conditions: a. Rancher Property Owner may plow and remove snow on County Road 5 from the intersection of County Road 5 and 5-A to Hidden Xxxxxxx Xxxx, approximately .9 mile, but shall provide notice to the County Road and Bridge Supervisor prior to removing snow, so that the Coun- ty can verify that the snow removal is conducted according to the terms and conditions of this Agreement. b. Rancher Property Owner shall not plow any snow from the roadway that has not accumulated to a depth of at least four eight inches (48") prior to plowing. One to two At least four inches of snow cover shall be left on the road to protect the aggregate surface and to keep the road frozenroad. c. In order to minimize the impact on skiers using skiers, Property Owner will plow one lane as close to the downhill edge of the road as is practicable and safe to use for vehicular access. The parties recognize that one segment of the road may pose special problems with plowing on the downhill side of the road, Rancher and Property Owner shall plow and remove snow be entitled to maintain a safe distance from one lane (being the width edge of a plow blade 8 feet wide) by pushing the snow to the uphill side of the road, leaving enough snow on the road for snow mobile use, while allowing Rancher to access its property by 4 wheel drive vehicle; provided however, that when too much snow has accumulated which prevents continuation of plowing to the uphill side, all of the snow will be pushed over the downhill side and over the hill. The road will be groomed if a groomer is available at that time, then plowing will commence to the uphill side againvehicular safety purposes. d. In order to avoid 2 two vehicles meeting from opposite directions, the road way will be plowed for a vehicle to pass at the elbow turn, and all authorized vehicle owners will communicate times when they will be using the road. e. The County shall agrees to install a gate to limit vehicles accessing the road, to the extent that ac- cess to the road may be lawfully denied. Property owners beyond the gate will be provided a key upon payment of a fee of $50.00. County will also post a sign at near the gate to advise those parking in the parking lot stating “STOP ! AUTHORIZED VEHICLES ONLY - VIOLATORS WILL BE FINED Shared Access next .7 mile - Skiers Left, Snow Mobiles and Authorized Vehicles RightDo NOT Block Gate”. f. Vehicles authorized to use and plow the road during winter access will submit license plate numbers to the county. g. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-truck- mounted plows will be acceptable. h. g. Both parties agree and understand that extreme weather conditions or snow accu- mulations accumulations or other emergencies (including but not limited to fire, avalanche rescue, and other emergencies emer- gencies which may require access by emergency vehicles) may re- quire require temporary alterations altera- tions to the plowing and snow removal as outlined above. i. h. The parties may review this agreement from time to time during the winter of 2015- 16 2017-18 and may make request upon the other party for reasonable modifications of this Agreement as may be necessary. j. i. Both parties agree and understand that nothing in this agreement shall preclude the parties from amending any of the terms and conditions of this Agreement to accom- modate changes accommodate xxxxx- es which change the need for such terms and conditions (such as, but not limited to, changes caused by widening of the road, construction of a separate trail for skiers, or other changes which may make some of the terms and conditions of this Agreement unreasonable unreasona- ble or necessary). k. j. Prior to Rancher Property Owner commencing winter road maintenance on the Portion of CR 5, the Ouray County Road and Bridge Supervisor shall perform an evaluation of the Road with Rancher Property Owner in order to determine the Road’s condition just prior to commencement of this Agreement. Thereafter, Rancher Property Owner shall repair any damage to the road that re- sults results from its plowing of the .9 mile Portion of CR 5; such repair to be made to the satisfaction of County. Rancher Property Owner shall act affirmatively to repair any such damage it finds to have occurred oc- curred and shall further repair any such damage identified by County to restore the road to the condition it was in just prior to execution of this Agreement; such reasonable repairs to be commenced within seven days of receipt of written no- xxxx notice of such damage by County to RancherProperty Owner. l. A users group k. County will be established with forward any comments or complaints received from members of the public re- xxxxxxx plowing or conditions on the subject road segment to Property Owner on a representative from the property owners, skiers and snow mobilers to receive and review complaints and report to the Road and Bridge Supervisortimely ba- sis.