Coach 2013 Annual Report Download - page 704

(g) The parties acknowledge that Developer’s failure to seek, in accordance with, and to the extent required by, the provisions of this
Agreement, the Coach Member’s prior consent to any change in the Plans, new Plan, change order, Field Change or Shop Drawings, Product Data and Sample
which is (or are) implemented during the course of construction and which impact or affect to more than to a de minimis extent any of the Coach Approval
Areas may constitute a Developer Default subject to the provisions of Section 10.02.
Section 3.05 Field Changes. (a) The Coach Member will make a representative available to approve or disapprove Field Changes which are
subject to the Coach Member’s approval in accordance with the provisions of Section 3.04 within no more than three (3) Business Days following the receipt of
such information and materials as shall be reasonably required to consider such proposed Field Change (including the estimated cost and Schedule impact (if
any) of the proposed Field Change). If the Coach Member does not approve or disapprove a Field Change which is subject to the Coach Member’s approval (in
accordance with the provisions of Section 3.04) within such three (3) Business Day period, then the Coach Member will be deemed to have approved such
Field Change.
(b) Notwithstanding the provisions of Section 3.04(a) or Section 3.05(a), if, with respect to a change order or a Field Change, (i) the
total cost thereof shall not exceed $250,000.00, (ii) the total cost of all such change orders and Field Changes made pursuant to this Section 3.05(b) shall not
exceed Two Million and No/100 Dollars ($2,000,000.00) in the aggregate and (iii) such change order or Field Change shall have no adverse effect on the Coach
Areas or the Coach Member’s use and occupancy of the Coach Areas, then Developer shall have the right to implement such change order or Field Change
without prior approval from the Coach Member.
(c) Developer shall maintain a log of all Field Changes on site, shall keep such log current, and shall make such log available for
inspection by the Coach Member (and Coach’s Architect and Coach’s Consultants) promptly upon request therefor.
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