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r � <br /> 71111111111111.111 C <br /> t,1e 1985-i986 winter. These practices include, without limitation, <br /> access by saownooi..e, over-the-snow vehicular access during non- <br /> ocerational hours of ASC, compliance with <br /> the <br /> a lanc Coloradolorado Ski Safety <br /> Act of 1979, communication with respect to <br /> dunes, cooperation in the removal of avalanche debris, and common:' <br /> cation with ASC at such times as access during operational hours in <br /> a few instances is necessitated by AMMC. The parties hereby agree <br /> to communicate on a regular basis with respect to any and all mat- <br /> ters of the respective operations that might impact the operations <br /> of the other party. It is further understood chat in the event <br /> access to the Emma No. 2 Mining Claim during the winter during oper- <br /> ill <br /> ation hours can be facilitated by use of ASC's ski lifts, the <br /> parties shall use reasonable efforts to make Bucnarrangements, par <br /> titularly in light of the lack of skiing ability of <br /> worcers of AMC. <br /> ASC makes no representations of any kind as to the condition of <br /> the Tower 10-Spar Gulch Road or Summer Road, either as they exist or <br /> may be modified by nature or the acts of ASC. ASC reserves the <br /> right to modify such conditions in connec:ion with its operations so <br /> long as it does not eliminate either roadway. AMMC and ASC agree to <br /> hereby accept and assume all risks for the use of the roads and <br /> shall at all times be responsible for ascertaining the condi-ti0ns <br /> thereof before use. By this agreement, neither of the parties makes <br /> any representation that they will maintain the roadway in any par- <br /> ticular condition. <br /> It is understood that access to the Emma No. 2 Mining Claim <br /> over the Tower 10-Spar Gulcn Road during the summer shall he consis- <br /> tent with the practices established.dur:ng the summer of 1985. It <br /> is understood that there may be some closures of access to Aspen <br /> Mountain via the Summer Road due to the extensive construction <br /> activities of ASC, and ASC agrees to keep AMMC advised of such clo- <br /> sures. The parties agree they will communicate on a regular basis <br /> with respect to any access issues that may arise. <br /> 2. Access Across Washincton No. 2 Claim. The parties agree <br /> that the preferaole access from the Tower 13-Spar Gulch Road to the <br /> mine portal on the Emma No. 2 Mining Claim is across the Washington <br /> No. 2 Mining Claim. It is understood that the construction of a <br /> road from the Tower 10-Spar Gulch Road to the portal across the Emma <br /> No. 2 Mining Claim could entail significant cuts in the slope of the <br /> Silver Queen ski run that could affect the skiing surface during <br /> ASC's operations. AMMC acknowledges that its needs at present are <br /> for a low-grade road of minimum width that is accessible by four- <br /> wheel drive only. In addition, the timing of the road construction <br /> is critical to AMMC since it needs access as Soon as possible to the <br /> portal of the mine on the Emma No. 2 Mining Claim. It is antici- <br /> pated that a minor amount of earthmoving shall take place on the - <br /> Washington No. 2 if the parties determine that such a location is <br /> -2- <br /> n- <br /> i <br />