Coach 2013 Annual Report Download - page 229

(q) A Unit Owner shall not use, permit or allow its Unit or any part thereof to be used (i) other than as provided in the Condominium
Documents, (ii) for an unlawful or hazardous purpose, or permit any nuisance within its Unit, or (iii) in a manner that will impair the soundness and safety
of the Building or interfere (other than to a de rninimis extent) with the use and operation of General Common Elements and Building Systems or of any other
Unit.
(r) If the use of any Unit causes an increase in the premium for the insurance obtained by the Board of Managers or any other Unit Owner,
then the owner of such Unit causing such an increase shall be obligated to pay to the Board of Managers, as additional Common Charges (as defined in the
By-Laws), or to such other affected Unit Owner(s) (with such obligation payable to and enforceable by the Board of Managers of behalf of the affected Unit
Owner(s) as if such amount payable were part of Common Charges) a sum equal to the amount of such increase attributable to such use.
(s) The Building shall be used solely for the purposes for which the Units may be used.
(t) Each Unit Owner (and any Permitted User of any Unit Owner) shall at all times, at its sole cost and expense: (i) conduct its operations in an
orderly and proper manner so as not to unreasonably disturb other occupants of the Building; (ii) take all reasonable measures to minimize the noise level of
its operations at the Property; (iii) maintain its Unit and the Exclusive Use Common Elements appurtenant thereto in a clean, orderly and sanitary manner at
all times, except as such maintenance shall otherwise be performed by the Board of Managers as set forth in Section 6(h) hereof; (iv) keep its Unit and the
Exclusive Use Common Elements free from vermin, rodents and anything of a similar nature and provide extermination service to its Unit on a regular basis
in accordance with good commercial practice (it being understood that if any Unit Owner or its Permitted User fails to keep its Unit free from vermin or
rodents, the Board of Managers shall have the right, at the sole cost and expense of the applicable Unit Owner of the Unit, to take any and all measures
deemed necessary or desirable to eradicate all vermin or rodents from the Unit); (v) keep exposed elements of its Unit and Exclusive Use Common Elements
free of snow, ice, and accumulation of water; (vi) not permit the emanation of objectionable odors from its Unit; (vii) keep the waste drains emanating from its
Unit free from obstructions; (viii) comply with all Rules and Regulations; and (ix) otherwise maintain and operate its Unit in a manner consistent with a first-
class mixed use building, and provide appropriate security consistent with such use and type of building.
(u) In connection with all construction, installations, alterations, repairs and maintenance in the Building performed by the Board of
Managers, the Association, any Unit Owner, any Sub-Board, or their respective Permitted Users, the person or entity performing such construction shall
endeavor to comply with the LEED standards and requirements set forth in Exhibit I annexed hereto and made a part hereof.
(v) The Board of Managers shall have the right to lease portions of the General Common Elements, including, without limitation, the portion of
the Land located to the west of the Building and designated as “Tower C Plaza Area” on the Floor Plans, to the Association, on such terms and conditions as
the Board of Managers may elect. Any Lease of the Tower C Plaza Area may provide, among other things, that no base or fixed rent is payable by the
Association, but that the Association shall repair, maintain, operate and insure the Tower C Plaza Area in the same manner that it is required to do so with
respect to open space under the ERY FAPOA Declaration. Notwithstanding the foregoing, any lease with the Association must provide that the portion of the
Tower C Plaza Area designated as the “Restricted Area” on the Floor Plans may not be used for any purpose other than access without the consent of the Board
of Managers.
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