Coach 2013 Annual Report Download - page 288

(iii) Amendments to the provisions of Section 13 of the Declaration to the extent they would have a material adverse
effect upon such Unit.
(b) If any amendment to the ERY FAPOA Declaration or any action to be taken by the Association adversely affects (other
than to a de minimis extent) one or more of the Units, but not all of the Units, then the Tower C Representative shall vote for or against such amendment, or
for or against such action, as directed by the affected Unit Owner or Unit Owners. Any dispute as to whether such amendment or action adversely affects
(other than to a de minimis extent) one or more of the Units, but not all of the Units, shall be resolved by Arbitration in accordance with the provisions of
Article 15 of the By-laws.
(c) The Tower C Representative shall not vote in favor of any of the following without the consent of the Unit Owner of
Office Unit 1 (except to the extent otherwise provided in this clause (c)):
(1) Change in the method of allocation of Association Shares (as such term is used in the ERY FAPOA
Declaration) among the FASP Parcels, change the Stabilized Expense Share (as such term is defined in Section 12.1 of the ERY FAPOA
Declaration), or modify the provisions thereof with respect to the allocation of Association Expenses;
(2) Amendment or modification of, or addition to or deletion from, any rules and regulations of the Association if
and to the extent the same, individually or in the aggregate, would (A) adversely affect Office Unit 1 in any material respect, including,
without limitation, increase in any material respect the obligations or impair or decrease in any material respect the rights and entitlements
of Office Unit 1, in each case appurtenant to its ownership, use or occupancy or (B) adversely affect, in any material respect, the use,
occupancy, management, operation or ability to lease, sell or finance Office Unit 1.
(3) Amendment or modification of, or addition to or deletion from, the ERY FAPOA Declaration or the by-laws of
the Association if and to the extent the same, individually or in the aggregate, would (or would reasonably be expected to) (A) adversely
affect Office Unit 1 in any material respect, including, without limitation, increase in any material respect the obligations or impair or
decrease in any material respect the rights and entitlements of Office Unit 1, in each case appurtenant to its ownership, use or occupancy
or (B) adversely affect, in any material respect, the use, occupancy, management, operation or ability to lease, sell or finance Office Unit 1
or any portion thereof.
(4) Amendment or modification of, or addition to or deletion from, any easement set forth in the Annex to the ERY
FAPOA Declaration that affects the Condominium if and to the extent the same, individually or in the aggregate, would (or would
reasonably be expected to) (A) adversely affect Office Unit 1 in any material respect, including, without limitation, increase in any
material respect the obligations or impair or decrease in any material respect the rights and entitlements of Office Unit 1, in each case
appurtenant to its ownership, use or occupancy or (B) adversely affect, in any material respect, the use, occupancy, management,
operation or ability to lease, sell or finance Office Unit 1, it being understood that the foregoing provisions of this clause (4) are not
intended to limit or vitiate any right of the Association to grant or modify easements as provided for in and subject to the terms and
conditions of Article 7 of the ERY FAPOA Declaration (including, without limitation, as provided in the Annex to the ERY FAPOA
Declaration regarding Site Specific Easements).
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