Coach 2013 Annual Report Download - page 314

Section 8.2 Changes in the Units. Except to the extent prohibited by Law, and subject to the provisions of the Condominium Documents
(including, without limitation, Sections 8 through 10 of these By-Laws) and the applicable provisions of the Underlying Agreements, each Unit Owner and
any Sub-Board shall have the right, at its sole cost and expense, without prior notice and without the vote or consent of any party, but subject to Section 7(u)
of the Declaration, to: (a) make Alterations, whether structural or non-structural, ordinary or extraordinary, in, to and upon its Unit and its Exclusive Use
Common Elements; (b) change the layout of its Unit from time to time and (c) amend the Certificate of Occupancy for the Building solely as it relates to such
Unit, and provided there is no change in use under such amended Certificate of Occupancy; provided, however, that the Common Interest of the Units shall
not be changed by reason thereof unless the owner(s) of the other Unit(s) shall consent thereto; provided, however, that (i) in each case where plans would be
required to be filed with municipal authorities under applicable Law, plans and specifications detailing the proposed Alteration are delivered to the Board of
Managers prior to the commencement of construction and “as-built” plans and specifications are delivered to the Board of Managers upon completion of
construction, and if plans are not required to be filed with municipal authorities under applicable Law, the Unit Owner will provide, prior to the
commencement of construction, a description in reasonable detail of such Alterations; (ii) each Alteration shall be completed in a good and workmanlike
manner and in compliance with all Laws, Insurance Requirements, and the applicable provisions of the Underlying Agreements, with the applicable Unit
Owner removing any liens filed in connection therewith; (iii) no Alteration shall impair the structural soundness, safety or integrity of the Building or the
Building Systems, affect the proper functioning of any Building Systems, or impose additional load requirements on any Building System in excess of the
capacity originally provided for the applicable Unit (other than those owned or installed by the Unit Owner); (iv) no Alteration shall adversely affect the use
and occupancy of the Building other than the applicable Unit Owner’s Unit; (v) Alterations that affect the façade of the Building shall not be permitted after
the initial construction of the Building; (vi) no Alterations shall reduce the rentable square footage of the Building, other than the rentable square footage of the
applicable Unit Owner’s Unit, and will not reduce the rentable square footage of the applicable Unit Owner’s Unit if the same would cause the Building to no
longer quality as a Hudson Yards CCP (as such term is defined in the UTEP); (vii) such Alterations are completed in accordance with the applicable
provisions of the Underlying Agreements; (viii) no Alterations shall affect the certificate of occupancy for the Building (other than as it relates to the applicable
Unit Owner’s Unit); (ix) prior to commencement of any Alteration, builder’s risk insurance, liability insurance and workers’ compensation coverage shall be
provided in such reasonable amounts as may be determined by the Board of Managers and in compliance with the applicable requirements of the Underlying
Agreements, and such liability insurance shall name the Board of Managers, the other Unit Owners (and the managing agent(s) of their respective Units, if
any) and the Managing Agent and other persons specified in the Underlying Agreements as additional insureds; (x) all contractors shall be approved in
advance by the Board of Managers, which approval shall not be unreasonably withheld or delayed (xi) subject to the provisions of Section 13 of the
Declaration, no Alteration shall affect any General Common Elements (unless, with respect to General Common Elements, the relocation or replacement thereof
does not materially and adversely affect the other Units, and is performed at the sole cost and expense of such Unit Owner and such Unit Owner thereafter
bears all expenses and liabilities with respect thereto); (xii) such Unit Owner shall comply with all Laws and regulations of all Governmental Authorities
having or asserting jurisdiction and applicable provisions of the Underlying Agreements, and shall agree to hold the other Unit Owners (and the managing
agent(s) of such other Units, if any), the Board of Managers, and the Managing Agent harmless from any costs arising from the making of any Alteration;
(xiii) no Alteration shall materially and adversely affect the use or rights of the other Unit Owners or any tenant of the other Unit Owners, without the prior
consent of such Unit Owner(s); (xiv) the Unit Owner making, causing or suffering such Alteration shall use commercially reasonable efforts to minimize the
extent, duration and timing of any adverse effect of such performance on any other portion of the Building (or the use, occupancy or operation thereof); (xv) all
work shall at all times be done with diligence through completion; (xvi) all safety measures as may be reasonably required by the Board of Managers and/or
the Managing Agent to protect the other Unit Owners (and their Permitted Users) and the Property from injury or damage caused by or resulting from the
performance of the Alterations by such Unit Owner shall be observed and (xvii) such Unit Owner shall defend and hold the Board of Managers, the Managing
Agent, and all Unit Owners harmless from any liability arising therefrom. For the purposes of this Section, a “material and adverse effect” shall not include
temporary interruptions of Building services which do not unreasonably interfere with the operations of or the intended use and occupancy of the other Units.
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