Coach 2013 Annual Report Download - page 223

(viii) “Coach Retail Competitors” means the entities set forth on the list annexed hereto as Exhibit G and made a part hereof, which list
may be updated by Coach from time to time but no earlier than the third (3 rd) anniversary of the Declaration Date and thereafter at no time
more frequently than once every three years, provided that (A) such list shall at no time include more than fifteen (15) named competitors,
(B) such list, together with the list of Coach Office Competitors referred to in Section 7(a)(vii) hereof, shall at no time contain more than
twenty one (21) named competitors in the aggregate, (C) any such update of the list shall not apply (1) to any prospective tenant with which
the Unit Owner of the Retail Unit, Office Unit 2A, Office Unit 2B, or Office Unit 3 is in active negotiation at the time of such update and
who was not set forth on the list prior to such update , or (2) to any existing tenant of the Retail Unit, Office Unit 2A, Office Unit 2B or
Office Unit 3 at the time of such update (provided, that such tenant was not on such list at the time the Unit Owner first entered into a lease
with such tenant),and (D) any update of the list shall only include retailers comparable in reputation to Coach or to the competitors then
listed on the list of Coach Retail Competitors or the list of Coach Office Competitors. For the avoidance of doubt, L’Oreal and its Affiliates
shall not be deemed to be a Coach Retail Competitor.
(ix) “Destination Retail Building” means the building to be constructed in the FASP Parcel defined as “Destination Retail” in the ERY
FAPOA Declaration. The Destination Retail Building is not part of the Condominium.
(x) “Eastern Rail Yard” means the Eastern Rail Yard Section of the John D. Caemmerer West Side Yard, as defined as the “ERY” in
the Master Declaration.
(xi) “ERY FAPOA Declaration” means that certain Declaration Establishing the ERY Facility Airspace Parcel Owners’ Association and
of Covenants, Conditions, Easements and Restrictions executed by Metropolitan Transportation Authority, dated as of __________, 2013,
and recorded on ____________ with the New York City Register at CRFN ____________, as amended or restated from time to time.
(xii) “FASP Parcel” has the meaning set forth in the ERY FAPOA Declaration.
(xiii) Loading Dock” shall mean the loading dock facility owned and operated by the Association and located in the Loading Dock
Unit.
(xiv) “Master Declaration” means that certain Declaration of Easements (Eastern Rail Yard Section of the John D. Caemmerer West Side
Yard) by the Metropolitan Transportation Authority, dated as of May 26, 2010, and recorded on June 10, 2010 in the Office of the New
York City Register at CRFN 2010000194078, as amended or restated from time to time.
(xv) “Parcel D” means the FAS Parcel D, as such term is defined in the ERY FAPOA Declaration. Parcel D is not part of the
Condominium.
(xvi) “Permitted User(s)” means any officer, director, member, stockholder, principal, partner, employee, agent (including managing,
sales and leasing agent) guest, tenant, occupant, customer, invitee, licensee, contractor, Permitted Mortgagee or any other Person related,
affiliated or designated by the Board of Managers or a Unit Owner who has permission to use a Unit and/or the Common Elements, subject
to the terms of the Declaration and the By-Laws, whether written or oral, granted by: (i) a Unit Owner in the case of such Unit Owner’s
Unit and its appurtenant Common Elements; or (ii) the Board of Managers; or (iii) this Declaration and the By-Laws.
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