Coach 2013 Annual Report Download - page 555

13.09 From time to time (but no more than three (3) times during any 12-month period), on at least fifteen (15) days’ prior written
request by Tenant, Landlord shall deliver to Tenant a statement in writing certifying to Tenant that this Lease is unmodified and in full force and effect (or if
there shall have been modifications, that the same is in full force and effect as modified and stating the modifications) and the dates to which the Fixed Annual
Rent and Additional Rent have been paid and stating whether or not to Landlord’s actual knowledge Tenant is in default (beyond any applicable cure or grace
period) in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default. Landlord acknowledges
and agrees that any such statement may be relied upon by any prospective lender, purchaser, investor, subtenant or assignee of Tenant.
ARTICLE 14
CONDEMNATION
14.01 If the whole or any substantial part (i.e., 10% or more of the rentable square footage of the Premises) of the Premises shall be
condemned, or if Tenant no longer has reasonable means of access to the Premises as a result of eminent domain or acquisition by private purchase in lieu
thereof, for any public or quasi-public purpose, this Lease shall terminate on the date of the vesting of title through such proceeding or purchase, and Tenant
shall have no claim against Landlord for the value of any unexpired portion of the Term of this Lease, nor shall Tenant (subject to Section 14.03) be entitled to
any part of the condemnation award or private purchase price. If less than a substantial part of the Premises is condemned, this Lease shall not terminate, but
Rent shall abate in proportion to the portion of the Premises condemned.
14.02 If this Lease is not terminated pursuant to Section 14.01, then Landlord shall proceed with due diligence to make all necessary
repairs to the Building, the Building Systems, the common areas and/or the Premises in order to render and restore the same to the condition that they were
prior to the condemnation to the extent such restoration is practical when taking into account the portion of the Building Project that has been condemned.
Tenant shall remain in possession of the portion of the Premises not condemned (provided same is tenantable), subject to the Rent abatement described in
Section 14.01.
14.03 Damages awarded to Landlord for any condemnation shall belong to Landlord, whether or not the damages are awarded as
compensation for loss or reduction in value of the Building or the Building Project; however, nothing shall restrict or limit Tenant from asserting a claim for
any additional damages resulting from the condemnation for any unamortized leasehold improvements paid for by Tenant, the interruption of Tenant’s
business, Tenant’s moving expenses, or Tenant’s trade fixtures and equipment, provided such claim does not reduce Landlord’s award.
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