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 2016-2017, 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 ▇▇▇▇▇▇▇ ▇▇▇▇, approximately .9 miles. b. Rancher shall not plow any snow from the roadway that has not accumulated to a depth of at least eight inches (8") prior to plowing. At least four inches of snow cover shall be left on the road. c. In order to minimize impact on 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 be entitled to maintain a safe distance from the edge of the road for vehicular safety purposes. d. In order to avoid 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 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 near the gate to advise those parking in the parking lot “Do NOT Block Gate”. f. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-mounted plows will be acceptable. g. Both parties agree and understand that extreme weather conditions or snow accumulations or other emergencies (including but not limited to fire, avalanche rescue, and other emergencies which may require access by emergency vehicles) may require temporary alterations to the plowing and snow removal as outlined above. h. The parties may review this agreement from time to time during the winter of 2016-

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 20162017-20172018, pursuant to the following terms and conditions: a. Rancher Owner may plow and remove snow on County Road Portion of CR 5 from the intersection of County Road 5 and 5-A to Hidden ▇▇▇but shall provide no- ▇▇▇▇ ▇▇▇▇to the County Road and Bridge Supervisor prior to removing snow, approximately .9 milesso that the County can verify that the snow removal is conducted according to the terms and conditions of this 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 eight inches (8") prior to plowing. At least four 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. c. In order to minimize impact on skiers, Rancher will plow one lane as close to the downhill edge of protect 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 be entitled to maintain a safe distance from the edge of the road for vehicular safety purposesdamage. d. In order to avoid 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. The County 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 near the gate to advise those parking in the parking lot “"Do NOT Block Gate”". f. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-truck mounted plows will shall be acceptableused. g. Both parties agree and understand that extreme weather conditions or snow accumulations 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 require temporary alterations to the plowing and snow removal as outlined out- lined above. h. The parties may review this agreement from time to time during the winter of 2016-2017-18 and may make reasonable modifications of this Agreement as may be necessary. i. Both parties agree and understand that nothing in this agreement shall pre- clude the parties from amending any of the terms and conditions of this Agreement to accommodate changes which change the need for such terms and conditions (including, 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). j. Prior to 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 Owner to determine the r oad's condition just prior to com- mencement of this Agreement. Thereafter, Owner shall repair any damage to the road that results from its plowing of Portion of CR 5; such repair to be made to the satisfaction of County. Owner shall act affirmatively to repair any such damage 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 reasonable repairs shall be commenced within seven days of receipt of written notice of such damage by County to Owner. k. County will forward any comments or complaints received from members of the public regarding plowing or conditions on the subject road segment to Owner on a timely basis.

Term and Conditions. Beginning on the date of this Agreement, and continuing until un- til 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 2015-2016-2017, 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 ▇▇▇▇▇▇▇ ▇▇▇▇, approximately .9 milesmile. b. Rancher shall not plow any snow from the roadway that has not accumulated to a depth of at least eight inches (8") prior to plowing. At least four inches of snow cover cov- er shall be left on the road. c. In order to minimize impact on 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 be entitled to maintain a safe distance from the edge of the road for vehicular safety purposes. d. In order to avoid two 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. The County agrees to install a gate to limit vehicles accessing the road, to the extent ex- tent 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 near the gate to advise those parking in the parking lot “Do NOT Block Gate”. f. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-mounted plows will be acceptable. g. Both parties agree and understand that extreme weather conditions or snow accumulations accu- mulations or other emergencies (including but not limited to fire, avalanche rescue, and other emergencies which may require access by emergency vehicles) may require re- quire temporary alterations to the plowing and snow removal as outlined above. h. The parties may review this agreement from time to time during the winter of 2016-2015- 16 and may make reasonable modifications of this Agreement as may be neces- sary. 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 ac- commodate 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). j. 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- ▇▇▇▇ of such damage by County to Rancher. k. County will forward any comments or complaints received from members of the pub- lic regarding plowing or conditions on the subject road segment to Rancher on a timely 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 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 20162017-20172018, 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 ▇▇▇▇▇▇▇ ▇▇▇▇, approximately .9 milesmile, 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 eight inches (8") prior to plowing. At least four inches of snow cover shall be left on the road. c. In order to minimize impact on skiers, Rancher 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, and Rancher Property Owner shall be entitled to maintain a safe distance from the edge of the road for vehicular safety purposes. d. In order to avoid 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 agrees to install a gate to limit vehicles accessing the road, to the extent that access 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 near the gate to advise those parking in the parking lot “Do NOT Block Gate”. f. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-truck- mounted plows will be acceptable. g. Both parties agree and understand that extreme weather conditions or snow 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 require temporary alterations altera- tions to the plowing and snow removal as outlined above. h. The parties may review this agreement from time to time during the winter of 2016-2017-18 and may make reasonable modifications of this Agreement as may be necessary. 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 accommodate ▇▇▇▇▇- 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 unreasona- ble or necessary). j. Prior to 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 Property Owner in order to determine the Road’s condition just prior to commencement of this Agreement. Thereafter, Property Owner shall repair any damage to the road that results from its plowing of the .9 mile Portion of CR 5; such repair to be made to the satisfaction of County. Property Owner shall act affirmatively to repair any such damage it finds to have 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 notice of such damage by County to Property Owner. k. County will forward any comments or complaints received from members of the public re- ▇▇▇▇▇▇▇ plowing or conditions on the subject road segment to Property Owner on a timely ba- sis.

Term and Conditions. Beginning on the date of this Agreement, and continuing until un- til 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 2016-2017, 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 ▇▇▇▇▇▇▇ ▇▇▇▇, approximately .9 milesmile, but shall provide notice to the County Road and Bridge Supervisor prior to removing snow, so that the County can verify that the snow removal is conducted according to the terms and conditions of this Agreement. b. Rancher shall not plow any snow from the roadway that has not accumulated to a depth of at least eight inches (8") prior to plowing. At least four inches of snow cover co- erver shall be left on the road.. Formatted: Font: (Default) Arial, 11 pt c. In order to minimize impact on 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 be entitled to maintain a safe distance dis- tance from the edge of the road for vehicular safety purposes. d. In order to avoid two two2 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 agrees to install a gate to limit vehicles accessing the road, to the extent ex- tent 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 near the gate to advise those parking in the parking lot “Do NOT Block Gate”. f. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck-mounted plows will be acceptable. g. Both parties agree and understand that extreme weather conditions or snow accumulations accu- mulations or other emergencies (including but not limited to fire, avalanche rescue, and other emergencies which may require access by emergency vehicles) may require re- quire temporary alterations to the plowing and snow removal as outlined above. h. The parties may review this agreement from time to time during the winter of 2016-2016- 17 and may make reasonable modifications of this Agreement as may be neces- sary. 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 ac- commodate 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). j. 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- ▇▇▇▇ of such damage by County to Rancher. k. County will forward any comments or complaints received from members of the pub- lic regarding plowing or conditions on the subject road segment to Rancher on a timely basis.