Coach 2013 Annual Report Download - page 221

(c) The Common Elements shall remain undivided and no Unit Owner or other person will bring or will have the right to bring any action for
partition or division thereof except as may be specifically provided for in the Declaration and in the By-Laws.
(d) Each Unit Owner shall have the right at its sole expense to install utility systems in its Unit, including, without limitation, heating,
ventilating, air conditioning, plumbing, electrical, security, domestic hot water and elevator systems, serving only that Unit, provided, however, that such
installation shall not adversely affect (except to a de minimis extent) the other Unit Owners, Units or Common Elements and shall comply with (i) all Laws (as
defined in Section 7 hereof), (ii) the terms of the Condominium Documents and (iii) all requirements of any insurance policy required to be carried pursuant to
the Condominium Documents (as defined in Section 7 hereof) and covering or applicable to all or any part of the Property or the use thereof, all requirements
of the issuer of any such policy and all orders, rules, regulations, reasonable recommendations and other requirements of the New York Board of Fire
Underwriters or any other body exercising the same or similar functions and having jurisdiction over all or any portion of the Property (the foregoing
collectively, “Insurance Requirements”); and (iii) the applicable provisions of the Underlying Agreements.
(e) The Office Unit 1 Exclusive Use Common Elements consist of the Terrace located on the Setback Roof at Level 19, as shown on the Floor
Plans;
(f) The Office Unit 3 Exclusive Use Common Elements consist of the Terraces located on the Setback Roofs at Levels 32 and 47, as shown on
the Floor Plans;
(g) Except as provided in Section 6(h) hereof, the responsibility for and the cost of maintaining, repairing, replacing and insuring a Unit and
its appurtenant Exclusive Use Common Elements, and any additions, alterations or improvements thereto and liability with respect thereto will be borne
entirely by the Unit Owner thereof.
(h) Notwithstanding the provisions of Section 6(g) hereof, any structural, capital, or extraordinary repairs or alterations to the Exclusive Use
Common Elements, including, without limitation, all maintenance and repairs shall be made by the Board of Managers, and, subject to the provisions of
Section 6.8(b) of the By-Laws, shall constitute a Common Expense (as defined in the By-Laws). Notwithstanding the immediately preceding sentence, routine
maintenance, repairs and replacements shall be done by the Unit Owner having the use of such Exclusive Use Common Elements at its sole cost and expense.
7. Underlying Agreements; Use of Building and Units. (a) As used in the Condominium Documents:
(i) “Affiliate” means, with respect to any person or entity (except as may be provided more specifically in any instance in the
Condominium Documents) a person or entity which directly or indirectly (through one or more intermediaries) controls, is controlled by, or
is under common control with, such person or entity. For purposes hereof, the term “control” (including the related terms “controlled by”
and “under common control with”) mean the possession, directly or indirectly, of the power to direct or cause the direction of the
management and policies of such person or entity (whether through the ownership of voting securities or other ownership interest, by
contract or otherwise).
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