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t/~~ially increase the costs of construction or operation of the <br /> Improvements. <br /> <br /> Section 4.04. Conditions to City's Obligation Related to <br />Construction. The City shall not have the obligation to take the <br />actions set forth in Section 4.03 hereof at any time that the <br />Developer has failed to perform its obligations when required, <br />pursuant to Section 4.02 hereof. <br /> <br /> ARTICLE V <br /> <br /> ALTERNATE IMPROVEMENTS <br /> <br /> Section 5.01. Snow-Making Equipment. If during the first <br /> two (2) years of its operation the Ski Hill cannot be used for <br /> skiing for at least a total of 90 cumulative calendar days <br /> because of insufficient snow, Developer shall install snow-making <br /> equipment, at a cost of at least $25,000. If the Developer <br /> installs snow-making equipment the cost of such equipment shall <br /> be included as part of the Project Costs. <br /> <br /> Section 5.02. Alternate Recreational Parcel. If the <br />Developer has completed the Recreational Parcel portion of the <br />Vertical Expansion and does not construct the Improvements <br />because one of the conditions set forth in Section 4.02(a) (other <br />than litigation pending or threatened by the City pursuant to <br />Section 3.02(a)), (b), (d), (e), (f) or (g) has not been met, <br />Developer agrees to convey, at the request of the City, to the <br />City fee title to the Alternate Recreational Parcel, such <br />conveyance to occur within sixty (60) days following the date <br />that all deposition of solid waste and closure of the Vertical <br /> <br />-15- <br /> <br /> <br />