Coach 2013 Annual Report Download - page 682

“ERY” has the meaning set forth in the Recitals.
“Exceptions Notice” has the meaning set forth in Section 9.02(c).
“Excess Cost” has the meaning set forth in Section 10.02(a).
“Executive Construction Manager” means Hudson Yards Construction LLC, a Delaware limited liability company, or another construction
management firm selected by Developer to act in such capacity as agent for Developer and approved by the Coach Member as and to the extent provided in
Section 3.01(b).
“Executive Construction Management Agreement ” means that certain Amended and Restated Executive Construction Management Agreement, dated
as the date hereof, between Developer, as agent for Legacy Tenant, and Executive Construction Manager, relating to the performance of the Developer Work
and the Base Building Work, as the same may be amended or replaced from time to time with the approval of the Coach Member as and to the extent provided
in Section 3.01(b).
“Exhibits” means the exhibits attached to this Agreement (or subsequently incorporated herein through amendments hereto), as the same may be
amended from time to time.
“Existing Contractors/Consultants” means the contractors, subcontractors, consultants, advisors and suppliers which perform work or provide
materials in connection with the Developer Work or the cost of which is otherwise included in the Coach Total Development Costs (as and to the extent
provided in the Cost Allocation Methodology). The Existing Contractors/Consultants as of the date hereof are listed on Exhibit H attached hereto.
“Facilities” has the meaning set forth in the Condominium Declaration.
“FAR” means “floor area ratio” as such term is defined in and construed pursuant to the Zoning Resolution.
“Field Changes” means changes necessitated by unforeseen job conditions in the field which are customarily resolved by architects and construction
managers and which have no material design ramifications.
“Field Office” means that certain office of Developer for the Project located at 511 West 33rd Street in New York, New York.
“Final Completion” means the stage in the development of the Project when all of the following have occurred:
(a) Substantial Completion;
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