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NOW, THEREFORE, In consideration of the premises and mutual <br />obligations of the parties contained herein, each of them does <br />hereby represent, covenant and agree with the other as follows: <br /> <br /> PART I -- NON-UNIFORM PROVISIONS <br /> <br /> ARTICLE I <br /> <br />DEFINITIONS, EXHIBITS AND RULES OF INTERPRETATION <br /> <br /> Section 1.01. Definitions. In this Agreement, the fol- <br />lowing terms shall have the following respective meanings: <br /> <br /> a. Affiliate. A person or entity that directly <br /> indirectly through one or more intermediaries, controls or <br /> is controlled by or is under common control with, another <br /> person Or entity. <br /> <br /> b. Agreement. This Development Agreement, together <br /> with any written amendment hereto. <br /> <br /> c. Alternate Recreational Parcel. The real property <br /> consisting of fifty acres, more or less, minus the area of <br /> the Road Right-of-Way Parcel, shown on the Site Plan <br /> attached as Exhibit B and as legally described on Exhibit <br /> <br /> Borrow Areas. The Eastern and Western Borrow <br /> <br />Areas. <br /> <br /> e. <br /> <br /> Break-Even. Income from operation of the Ski Hill <br />during a calendar year, excluding any income from the <br />Developer's operation of the Landfill, equals or exceeds the <br />total costs of operating the Ski Eill during that year, <br />including but not limited to labor costs, utilities, insur- <br />ance, real estate taxes allocable to the Recreational Par- <br /> <br />- 2 - <br /> <br /> <br />