Coach 2013 Annual Report Download - page 289

(5) The grant or creation of any power in the Association board of director or managers to change the (x) permitted
uses of any FASP Parcel, (y) allocation of repair and maintenance obligations among the respective occupants and/or individual unit
owners within any FASP Parcel that is a condominium, or (z) the internal security and other strictly internal rules and regulations, in each
case, of any FASP Parcel (other than any FASP Parcel (or the applicable portion thereof) owned or leased by the Association) that do not
affect any open space or Common Facilities (including, without limitation, the use, operation, repair or maintenance thereof), without the
consent of the owner of an affected FASP Parcel (it being understood that the foregoing provisions of this clause (5) 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 thereto re Site Specific Easements).
Any dispute as to whether the consent of the Unit Owner of Office Unit 1 or the owner of another FASP Parcel is required pursuant to the provisions of
clauses (2), (3), (4) or (5) above shall be resolved by Arbitration in accordance with the provisions of Article 15 of the By-Laws.
(d) If any change to the Loading Dock Procedures (as defined in Section 6.8(e) hereof) materially adversely affects the
usage of the Loading Dock by Office Unit 1 or its Permitted Users (other than changes that relate to security measures), or materially adversely affects the use,
occupancy or operational cost of Office Unit 1, the Tower C Representative shall not vote in favor of such change at any meeting of the Association board of
directors without the consent of the Unit Owner of Office Unit 1 if (A) Coach or a Coach Affiliate is then the Unit Owner of Office Unit 1 or not less than
60% of Office Unit 1 is then occupied by Coach or a Coach Affiliate, or (B) Office Unit 1 has not been subdivided and not less than 60% of Office Unit 1 is
then occupied by the then Unit Owner of Office Unit 1. Any dispute as to whether such change to the Loading Dock Procedures materially adversely affects
the usage of the Loading Dock by Office Unit 1 or its Permitted Users or relates to security measures, or materially affects the use, occupancy or operational
cost of Office Unit 1, shall be resolved by Arbitration in accordance with the provisions of Article 15 of the By-Laws. The provisions of this Section 2.2.3(d)
shall not apply to any changes to the Loading Dock Procedures that relate to security measures.
(e) Any change or modification to or discontinuance of the specifications for or the operation of the Building Exterior
Lighting System shall require the affirmative vote of the member of the Board of Managers designated by the Unit Owner of Office Unit 3.
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