Coach 2013 Annual Report Download - page 933

In connection with the Project and in accordance with the terms of the Architect Agreement, Architect hereby certifies to the Coach Member that, in the
Architect’s professional opinion, based on (i) Architect’s performance of its services under the Architect Agreement; (ii) as to matters outside the services of the
Architect, based on and limited to written representation of others (including but not limited to the main contractor, various subcontractors, and engineers and
other consultants retained directly by Owner); and (iii) based upon all necessary information and certifications by others (which universe of information and
certifications must be mutually agreed upon by Owner and Architect) supporting the below statements which must be supplied to Architect before Architect
can provide this Certification, and further, based on the foregoing and upon the Architect’s knowledge, information and belief, the construction of the
Developer Work designed by Architect is sufficiently complete in accordance with the Plans (as defined herein) so that the Owner can occupy or utilize the
Developer Work designed by Architect for its intended use as specified below (“substantially complete”) and the date of such substantial completion for such
Work is the date hereof. For all matters outside the scope of Architect’s services, all certifications below are merely certifying that the Architect received
information from the relevant parties confirming the information set forth below.
6. The Developer Work is in substantial conformance with the plans and specifications identified in [Exhibit A attached hereto (the “ Plans”)] [
], other than the completion of the Developer Work set forth on the punch lists prepared by
Architect and others.
7. As of the date hereof, the Developer Work is substantially completed in accordance with the Plans and in accordance with applicable Laws, other
than the completion of the Developer Work set forth on the punch lists prepared by Architect and others.
8. The interior enclosing wall of Tower C and the Coach Atrium is substantially complete, other than the completion of the Developer Work set forth on
the punch lists prepared by Architect and others.
9. The elevator cab interiors of all Coach Elevators have been substantially completed.
Notwithstanding anything to the contrary herein or otherwise, nothing contained in this Certificate, including but not limited to the capitalized terms
not defined herein and the definitions thereof, shall increase Architect’s duties or obligations or decrease Architect’s rights under the Arch itect Agreement or with
regard to the Plans, the Project, or otherwise. Furthermore, without limiting the foregoing, any and all liability of Architect under this Certificate shall be
subject to the same limitations of liability contained in the Architect Agreement. This certification is not a representation as to the performance of any of the
systems or construction components contained in the Developer Work, and no opinions are expressed regarding the quality or completeness of the designs or
work provided by any entity other than the Architect.
Exhibit N-3 – Page 2