Coach 2013 Annual Report Download - page 726

(d) If Developer does not respond or object to any plans for the Coach Finish Work within ten (10) Business Days after receipt of the
same and all requested additional information, then Developer will be deemed to have approved such proposed change and the implementation thereof;
provided, that with respect to any proposed change which would cause the Floor Area of the Coach Unit to exceed the Coach Floor Area in the aggregate, if
Developer fails to respond within such ten (10) Business Day period, the Coach Member may send a second notice to Developer of such failure to respond and
if Developer does not respond or object, in reasonable detail, to such second notice within five (5) days after receipt of the same, then Developer will be deemed
to have approved such proposed change. The Coach Member understands that any deemed consent by Developer as provided in this Section 8.01(d) shall not
bind the Construction Lender (if its consent to such a plan is required). Developer shall, however, seek to obtain the consent of the Construction Lender (where
such consent is required).
(e) The Coach Member may not proceed to construct any aspect of the Coach Finish Work which has been disapproved by Developer
until the issue is resolved. Any dispute as to whether any matter is (or is not) subject to the approval of Developer as set forth in Section 8.01(b) shall be
submitted to Arbitration to be resolved in accordance with the provisions of Article 14. Any dispute as to Developer’s approval or disapproval of any matter
described in this Section 8.01 shall not be arbitrable.
(f) Without limiting the provisions of Section 3.03, Section 8.02 or Section 9.01, the Coach Member, Coach’s Architect and Coach’s
Consultants shall have the right, but not the obligation, prior to the same satisfying the Delivery Condition, to enter any Block of the Coach Unit between the
hours of 8:00 a.m. and 3:00 p.m. and at all other times during which a hoist or any other vertical transportation is in operation at the Building for the purposes
of inspecting, measuring and designing the same, subject to reasonable notice to Developer. Developer shall have the right to have its representatives present
during such access.
(g) The Coach Member may not proceed to construct any aspect of the Coach Finish Work unless the Coach Member first obtains all
applicable DOB or other permits required by Law. Developer shall, promptly upon request, provide to the Coach Member and Coach’s Consultants all
information and materials necessary (and execute the same if required) for the Coach Member to obtain all applicable DOB or other approvals and permits
required by Law which respect to the Coach Finish Work.
(h) The Coach Member shall perform the Coach Finish Work in accordance with the LEED certification requirements set forth on
Exhibit U attached hereto or otherwise in accordance with LEED Gold certification requirements.
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