Coach 2013 Annual Report Download - page 144

(viii) subject to the provisions of Section 7.9, make judgments or decisions concerning the exercise and enforcement of the
Company’s or a Subsidiary’s rights under all other agreements to which the Company or such Subsidiary is a party, as applicable; and
(ix) cause Legacy Tenant to enforce, or cause Developer or the Executive Construction Manager to enforce, the rights and
remedies of Legacy Tenant, Developer or the Executive Construction Manager, as applicable, under all dual obligee payment and performance bonds and any
guaranty obtained with respect to the Developer Work and the Base Building Work pursuant to Section 7.01(b) of the Development Agreement.
(b) Simultaneously herewith, the Related/Oxford Guarantor has executed and delivered to the Coach Member the Related/Oxford
Guaranty, and the Coach Guarantor has executed and delivered to the Fund Member and Developer the Coach Guaranty.
3.6. Budget; Allocation of the Costs of the Project; Audit; Books and Records.
(a) The Members hereby approve the Budget and the Cost Allocation Methodology. All disputes with respect to the Coach Total
Development Costs or the allocation of Project Costs or any other cost or expenses to a Member shall be resolved, as applicable, by arbitration as provided in
Article 14 of the Development Agreement or Section 3.10 of this Agreement, as applicable. The Coach Member agrees that the Fund Member shall have the right
to have a representative attend (without participation) or to participate in any such arbitration pursuant to the Development Agreement to the extent the subject
matter thereof involves any matter that is subject to the approval or consent of the Fund Member pursuant to the terms of this Agreement.
(b) Without duplication of any reports provided by Developer to the Coach Member pursuant to the Development Agreement, the
Fund Member shall provide or cause Developer to provide the Coach Member with monthly reports, commencing one month from the date hereof and ending
on the date of Final Completion, detailing the status of construction and comparing Project Costs actually incurred with Project Costs anticipated in the Budget
and the actual progress of construction with the Schedule. To the extent not delivered by Developer to the Coach Member pursuant to the Development
Agreement, the Fund Member shall deliver or cause to be delivered to the Coach Member copies of all written status reports, invoices, shop drawings, field
changes, Draw Requests, lien waivers and releases received or given by the Company or Legacy Tenant under any agreement with respect to the Project to
which the Company or Legacy Tenant is a party, including, without limitation, the Loan Documents, promptly upon giving or receiving any such notice,
approval, report, other document or communication.
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