Coach 2013 Annual Report Download - page 680

“Design Consultants” has the meaning set forth in Section 3.01(a).
“Destination Retail Access Unit ” means the “Destination Retail Access Unit” as defined in the Condominium Declaration and as shown on the
Condominium Plans.
“Developer” has the meaning set forth in the Preamble.
“Developer Default” means any failure or breach by Developer, beyond any applicable notice and cure periods (if any), in fulfilling or complying
with Developer’s obligations under this Agreement.
“Developer Finish Work” means that portion of the Coach Finish Work, if any, to be performed by Developer at the Coach Member’s request
following the date hereof and at the Coach Member’s sole cost and expense, which cost and expense is in addition to and not included in the Coach Total
Development Costs.
“Developer Indemnitees” means Developer, the Fund Member, the Related/Oxford Guarantor, the Third Party Lender, and all Affiliates of Developer
and the Related/Oxford Guarantor, Developer’s Consultants and the Project Architect, and the respective directors, officers, shareholders, principals, partners,
members, managers, agents and employees of the foregoing, and their respective successors and assigns; and the term “ Developer Indemnitee” means any one
of the Developer Indemnitees, as the context requires.
“Developer TCO Work” means all Developer Work and Base Building Work necessary for a temporary certificate of occupancy to be obtained from
the DOB for the Coach Areas pursuant to Section 645 of the New York City Charter DOB (or such other departmental office as shall be issuing certificates of
occupancy), as set forth and identified as work to be performed by Related or Developer on Exhibit E attached hereto.
“Developer Violations” means all Violations noticed or filed against the Coach Unit, or, to the extent affecting Coach’s use or occupancy of the Coach
Unit, any Common Elements (other than any Office Unit 3 Exclusive Use Common Elements (as defined in the Condominium Declaration)), or any portion
thereof (or, prior to the creation of the Condominium, the portions of the Building that will constitute the Coach Unit or any such Common Elements), other
than any Violations resulting from Coach Finish Work or otherwise arising from any act or wrongful omission (i.e., where there is an obligation to
affirmatively act) of the Coach Member, Coach’s Architect or any of Coach’s Consultants.
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