Coach 2013 Annual Report Download - page 543

(iv) All Alterations shall be performed with union labor having the proper jurisdictional qualifications. Tenant may employ
architects, contractors, subcontractors and engineering firms of Tenant’s choice to design and construct Alterations, subject to Landlord’s reasonable
approval, such approval not to be unreasonably withheld, conditioned or delayed (it being agreed that if such approval is not either granted or denied by
Landlord within five (5) Business Days after request, Tenant shall have the right to send a second notice requesting such consent, which second notice shall
state “THIS IS A TIME SENSITIVE NOTICE AND SUBJECT TO THE PROVISIONS OF SECTION 8.02(iv) OF THE LEASE, LANDLORD
SHALL BE DEEMED TO HAVE APPROVED TENANT’S CONTRACTOR” and, if Landlord fails to respond to such second notice within five (5)
Business Days after receipt thereof, Landlord’s approval to such contractor shall be deemed to have been granted); provided, that (i) all work to the Building’s
life safety systems (including tie ins to such systems) shall be performed by Landlord’s designated contractor provided that the rates charged by such
contractor to Tenant are commercially reasonable, (ii) Tenant shall utilize and/or consult with Landlord’s designated expeditor provided that the rates charged
by such expeditor to Tenant are commercially reasonable, and (iii) Tenant shall utilize and/or consult with Landlord’s consulting engineer for coordination of
plan review provided that the rates charged by such engineer to Tenant are commercially reasonable. Notwithstanding the foregoing to the contrary, Landlord
shall be entitled to rescind its approval (or deemed approval) of any contractor, subcontractor, architect or engineer previously approved by Landlord if
Landlord, or any of Landlord’s affiliates, reasonably determines such contractor, subcontractor, architect or engineer is not reputable, is the subject to a
criminal investigation or subject to investigation by any applicable governing authority or has otherwise acted in a manner that is inconsistent with the manner
generally shown by contractors, subcontractors, architects and engineers working in Comparable Buildings.
(v) Subject to the terms of Article 9, Tenant shall keep the Building and the Premises free and clear of all liens for any work
or material claimed to have been furnished to Tenant or to the Premises.
(vi) Prior to the commencement of any Alterations by or for Tenant, Tenant shall furnish to Landlord certificates evidencing
the existence of the following insurance to be carried by each of Tenant’s contractors or subcontractors:
(A) Workmen’s compensation insurance covering all persons employed for such work and with respect to whom
death or bodily injury claims could be asserted against Landlord, Tenant or the Premises.
(B) Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and
naming Landlord and its commercially reasonable designees as additional insureds, with limits of not less than $5,000,000 combined single limit for personal
injury in any one occurrence, and with limits of not less than $1,000,000 for property damage (the foregoing limits may be revised from time to time by
Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be
maintained at all times when the work to be performed for or by Tenant is in progress. All such insurance shall be obtained from a company authorized to do
business in New York and shall provide that it cannot be canceled without thirty (30) days prior written notice to Landlord (or, with respect to Tenant’s non-
payment of premiums, such policies cannot be canceled without ten (10) days prior written notice to Landlord). All policies, or certificates therefor, issued by
the insurer and bearing notations evidencing the payment of premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that
coverage meeting the requirements of this paragraph is assigned to Tenant’s location at the Premises.
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