Coach 2013 Annual Report Download - page 507

(ii) Any disputes under this Section 15 as to whether Optionee has the right to terminate the Agreement or the amount of square feet
damaged by any casualty shall be resolved by expedited arbitration (the “ Arbitration”) before a single arbitrator acceptable to both Optionor and Optionee in
their reasonable judgment in accordance with the rules of the American Arbitration Association; provided that if Optionor and Optionee fail to agree on an
arbitrator and initiate the Arbitration within five (5) Business Days after a dispute arises, then either party may request the American Arbitration Association
(the “AAA”) to designate an arbitrator and the Arbitration shall begin on the Business Day immediately subsequent to the day on which the AAA designates an
arbitrator and shall proceed continuously thereafter until concluded. Such arbitrator shall be an independent architect having at least ten (10) years of
experience in the construction of office buildings in New York, New York. The costs and expenses of such arbitrator shall be borne equally by Optionor and
Optionee. This Section 15 shall survive the Purchase Closing.
16. No Waiver. No Waiver by either party of any failure or refusal to comply with its obligations under the Agreement shall be deemed a waiver
of any other or subsequent failure or refusal to so comply.
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