Coach 2013 Annual Report Download - page 719

(h) The provisions of this Section 5.01 (other than Section 5.01(g)) shall only apply to contracts as to which all or any portion of the
payments thereunder shall constitute part of the Coach Total Development Costs. If the Coach Member is not allocated any portion of the cost of such contract,
the Coach Member shall have no involvement in the bidding with respect to such contract.
(i) Either party may elect to dispute whether Developer’s bidding and awarding procedures comply with the provisions of this Section
5.01 and to have such dispute submitted to Arbitration pursuant to the provisions of Article 14, and, to the extent feasible, the parties shall diligently attempt
to cause the Arbiter to resolve such dispute within five (5) Business Days after the appointment of such Arbiter. Developer shall have no obligation to suspend
the bidding and awarding process if the Coach Member causes any dispute with respect thereto to be submitted to Arbitration; provided, that Developer shall
be responsible for any and all additional costs and expenses, including, without limitation, Project Costs, resulting from Developer’s failure to comply with
the provisions of this Section 5.01 and bid and award contractors in accordance with such provisions.
Section 5.02 Project Labor Agreement . Developer has provided a copy of the Project Labor Agreement to the Coach Member. Developer hereby
represents and warrants to the Coach Member that the Project Labor Agreement by its terms will no longer apply to the Coach Unit or any owner or occupant
thereof from and after the substantial completion of the Coach Finish Work (including any Coach Finish Work punch list items). Developer shall, and shall
cause Legacy Tenant and the Executive Construction Manager to, promptly deliver to the Coach Member any amendment or supplement to the Project Labor
Agreement, or any separate or additional letter or agreement sent to or entered into with the Building & Construction Trade Council of Greater New York or
with any individual union or other trade group in connection with the Project, and shall not, and shall not cause or permit Legacy Tenant or the Executive
Construction Manager to, enter into any of the foregoing without the prior written consent of the Coach Member if the same would impose any costs on or
otherwise adversely affect the Coach Member or the Coach Unit. In no event shall there be any agreement or commitment with any trade group or union which
will affect the management or operation of the Coach Unit by the Coach Member.
ARTICLE 6.
SCHEDULE AND UPDATES
Section 6.01 Project Schedule; Updates. (a) Developer shall use Best Efforts to adhere to, and will instruct and use its Best Efforts to cause the
Executive Construction Manager, the Project Architect and other Consultants and all contractors to adhere to, the dates and time periods set forth in the
Schedule (subject to Force Majeure events, Coach Change Delays extending beyond the Change Order Grace Period resulting from any change requested by the
Coach Member and Coach Work Delays).
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