Coach 2013 Annual Report Download - page 343

(b) Each disputant shall also bear the fees and expenses of its counsel and expert witnesses. All costs and expenses paid or
incurred by the Board of Managers in connection with any arbitration held hereunder (including, without limitation, the fees and expenses of counsel and
expert witnesses) shall constitute Common Expenses.
Section 15.9 Alternative Dispute Resolution. The parties to any dispute submitted to Arbitration may, by mutual written agreement, vary
any of the provisions of this Article with respect to the Arbitration of any dispute, or may agree to resolve their dispute in any other manner, including the
manner set forth in Section 3031 of the New York Civil Practice Law and Rules and known as the “New York Simplified Procedure for Court Determination
of Disputes.”
Section 15.10 No Evidentiary or Preclusive Effect. No determination or other finding in an Arbitration conducted under this Article 15 shall
have any preclusive effect nor shall it be deemed, res judicata against any disputing party (or other Person) in connection with any claim, suit or cause of
action brought by a third party.
Section 15.11 Right of Mortgagee to Participate. A Permitted Mortgagee shall have the right, upon notice to the parties to the Arbitration, to
participate in the Arbitration, but not the selection of the Arbitrator, except in lieu of and on behalf of its borrower Unit Owner.
Article 16
Amendments to By-Laws
Article 14 of the Declaration with respect to amendments is incorporated herein in its entirety; and the provisions of these By-Laws may be amended,
modified, added to or deleted only in accordance with the terms of such Article, as if each reference therein to the Declaration, were a reference herein to these
By-Laws. In no event may the provisions of Section 13.2 of these By-Laws be amended. modified, deleted or waived without the express written consent of the
Declarant named herein (and not the Declarant Net Lessee) and the Yards Parcel Owner.
Article 17
Fiscal Year
The fiscal year of the Condominium shall be the calendar year unless the Board of Managers shall adopt a different period.
Article 18
Execution of Instruments
After the effective date of the Declaration, all instruments of the Condominium shall be signed and executed by such officer or officers as the Board
of Managers shall designate.
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