Coach 2013 Annual Report Download - page 572

35.03 (a) Subject to the provisions of this Section 35.03, Landlord shall make available to Tenant or reserve for Tenant’s use up
to 75 tons of condenser water (“Supplemental Condenser Water”) in connection with the operation by Tenant of supplemental air-conditioning equipment and
units in any portion of the Premises. Subject to Unavoidable Delays and any provision of this Lease relating to stoppage of services and Landlord’s inability
to perform, Landlord shall supply Supplemental Condenser Water to the Premises on a twenty-four (24) hour, 365 day basis. Tenant must provide its own
independent circulating pump, properly sized and balanced for any supplemental air-conditioning units in the Premises. Tenant may elect to have Landlord
supply or reserve such Supplemental Condenser Water by notice (a “Supplemental Condenser Water Notice”) given to Landlord on or before the date which is
the eighteen (18) month anniversary of the date hereof (the “ CW Outside Date”), which notice shall set forth the tonnage of Supplemental Condenser Water
requested by Tenant, not to exceed 75 tons. Tenant shall be deemed to have elected to have Landlord supply and reserve only such Supplemental Condenser
Water being reserved for the Premises as of the date hereof if Tenant fails to give to Landlord a Supplemental Condenser Water Notice on or before the CW
Outside Date. If Tenant gives a Supplemental Condenser Water Notice on or before the CW Outside Date requiring Landlord to supply and/or reserve less than
the 75 tons detailed above, then in any such event Landlord shall have no obligation to reserve the unused or unreserved portion of such Supplemental
Condenser Water for Tenant’s future use; provided, that if Tenant thereafter requires such Supplemental Condenser Water, Landlord shall provide such
Supplemental Condenser Water to Tenant to the extent such Supplemental Condenser Water is available after taking into account reasonably appropriate
reserves to serve the current and anticipated future needs of Landlord and the other tenants of the Building as reasonably determined by Landlord.
(b) Commencing as of (i) the Commencement Date with respect to any connected load of condenser water then being utilized
by Tenant in the Premises, and (ii) the date upon which Tenant gives to Landlord Tenant’s Supplemental Condenser Water Notice with respect to any
condenser water in excess of that described in clause (i), Tenant shall pay to Landlord an annual charge of $____________ per ton for all condenser water
being used or reserved by Tenant (the “Annual Condenser Water Charge”), plus sales tax, if applicable, subject to increase as provided for herein. Except as
otherwise provided for herein, all sums payable under this Article 35 shall be deemed to be Additional Rent and paid by Tenant within thirty (30) days after
the issuance of a statement therefor. The Annual Condenser Water Charge shall be adjusted to reflect any actual out-of-pocket increases in Landlord’s cost to
provide condenser water. If the Annual Condenser Water Charge is increased due to an increase in Landlord’s actual out-of-pocket costs in providing condenser
water to Tenant hereunder, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of an increase
in the Annual Condenser Water Charge), Landlord shall provide reasonable evidence of any such increases in Landlord’s actual out-of-pocket costs in
providing condenser water.
ARTICLE 36
SHORING
36.01 Tenant shall permit any person authorized to make an excavation on land adjacent to the Building to do any work within the
Premises necessary to preserve the wall of the Building from injury or damage, and Tenant shall have no claim against Landlord for damages or abatement of
rent by reason thereof.
46