Coach 2013 Annual Report Download - page 738

(c) Without limiting the foregoing, the budgeted Coach Total Development Costs shall be decreased from time to time to reflect all net
savings or decreases in Project Costs, including, without limitation:
(i) Coach’s Allocable Share of savings in hard costs;
(ii) Coach’s Allocable Share of any reductions in interest cost and of any other soft cost savings, resulting from time savings
in the Schedule or early distribution of the Coach Unit;
(iii) subject to the provisions of Section 3.06 and Section 3.07, Coach’s Allocable Share of the aggregate net Total Coach
Change Costs (if the same is a negative amount), and one hundred percent (100%) of any cost reductions attributable to the elimination of items
relating specifically to the Coach Unit from the Developer Work or the transfer of such items to Coach Finish Work; and
(iv) Coach’s Allocable Share of insurance or any other cost recoveries that may be obtained or any penalties or delay
payments or other amounts paid to Developer by any insurer, the Executive Construction Manager or any contractors or other Persons employed on
the Project.
(d) In no event shall the Coach Total Development Costs include or be increased by any of the following:
(i) any costs due to changes in the design of the Developer Work or Base Building Work other than changes to the Developer
Work requested by the Coach Member after the date hereof (as set forth in Section 10.01(b)(i)) or as may be required by changes in applicable Law
after the date hereof (as set forth in Section 3.04(f)) or as otherwise specifically agreed to by the Coach Member as provided in Section 3.07(b);
(ii) any cost increases in Project Costs incurred by reason of the Schedule for performance of any Developer Work or any
Base Building Work not being met or the Schedule for distribution of the Coach Unit not being met, except (subject to Section 3.07(h)) to the extent
any such delay is caused by a Coach Change Delay extending beyond the Change Order Grace Period or is otherwise caused by any Coach Work
Delay or any failure of the Coach Member to comply with its obligations under this Agreement or the Operating Agreement;
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