Coach 2013 Annual Report Download - page 563

25.03 Tenant shall comply with the rules and regulations annexed hereto as Exhibit C, and any reasonable modifications thereof or
additions thereto of which Landlord has given Tenant reasonable prior notice (the “ Rules and Regulations”). Any dispute as to the reasonableness of any such
modifications or additions to the Rules and Regulations shall be resolved by expedited arbitration pursuant to Article 51. Landlord shall not be liable to Tenant
for the violation of such Rules and Regulations by any other tenant; provided, however, Landlord shall enforce the Rules and Regulations against all tenants in
the Building in a non-discriminatory manner (subject to the terms of any other tenant’s lease). Failure of Landlord or Tenant to enforce any provision of this
Lease, or any Rule or Regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any Rule or Regulation. This
Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or bricking up of windows in the Premises, for any reason,
including as the result of construction on any property of which the Premises are not a part or by Landlord’s own acts; provided, however, Landlord shall not
voluntarily (i.e., if not required by Applicable Laws or in connection with any required repairs or replacements to the Building) permanently close, darken or
brick up the windows of the Premises and Landlord shall use commercially reasonable efforts to minimize any temporary closing, darkening or bricking up
of the windows (provided that Landlord shall not be required to perform any such work on an overtime or premium-pay basis unless Tenant shall have agreed
to pay the costs to perform such work on an overtime or premium-pay basis). Unless required by Applicable Laws, Landlord shall not permit advertising by
any third-party that is not a tenant or occupant of the Building on any scaffolding erected by Landlord on the outside of the Building.
ARTICLE 26
ADDITIONAL REMEDIES UPON TENANT DEFAULT
26.01 If this Lease is terminated because of Tenant’s default hereunder beyond any applicable cure, grace or notice periods, then, in
addition to Landlord’s rights of re-entry, restoration, preparation for and re-rental, and anything elsewhere in this Lease to the contrary notwithstanding,
Landlord shall retain its right to judgment on and collection of Tenant’s obligation to make a single payment to Landlord of a sum equal to an amount by
which the Rent for the period which otherwise would have constituted the unexpired portion of the Term exceeds the then fair and reasonable rental value of the
Premises for the same period, both discounted to present worth (assuming a discount at a rate per annum equal to the interest rate then applicable to United
States Treasury Bonds having a term which most closely approximates the period commencing on the date that this Lease is so terminated, and ending on the
Expiration Date) less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant to the provisions of Section 6.01 for the same
period; if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, shall have been
relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of rent reserved
upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole of the Premises so relet during the term of
the reletting. In no event shall Tenant be entitled to a credit or repayment for re-rental income which exceeds the sums payable by Tenant hereunder or which
covers a period after the original Term.
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