Coach 2013 Annual Report Download - page 583

(i) The term “Common Charges” shall mean the Common Charges (as such term is defined in the Declaration) applicable to
the Premises during the Term.
(ii) The term “Operating Year” shall mean each calendar year during the Term or any portion thereof.
49.03 If, after Tenant shall have made a payment of Additional Rent under Section 49.01, Landlord shall receive a refund of any
portion of the Common Charges payable for any Operating Year on which such payment of Additional Rent shall have been based, as a result of a reduction of
such Common Charges by final determination of legal proceedings, settlement or otherwise, Landlord shall within thirty (30) days after receiving the refund
pay to Tenant an equitable share (based on the Common Charges paid by Tenant with respect to which the refund was received) of the refund. The provisions
of this Section 49.03 shall survive the expiration or sooner termination of the Term of this Lease.
49.04 In no event shall the Fixed Annual Rent under this Lease be reduced by virtue of this Article 49.
49.05 Upon the date of any expiration or termination of this Lease (except termination because of Tenant’s default), (i) if Tenant shall
not already paid a proportionate share of said Additional Rent for the Operating Year during which such expiration or termination occurs, then the same shall
immediately become due and payable by Tenant to Landlord and (ii) if Tenant shall have already paid said Additional Rent for Common Charges for a period
extending beyond the date of such expiration or termination of this Lease, then Tenant shall be entitled to a proportionate refund thereof from Landlord within
thirty (30) days of such expiration or termination. If Landlord is entitled to a payment of Additional Rent pursuant to clause (i) above, then the proportionate
share shall be based upon the length of time that this Lease shall have been in existence during such Operating Year and if Tenant shall be entitled to a refund
of Additional Rent pursuant to clause (ii) above, then the proportionate share shall be based upon the length of time that his Lease shall not be in existence
during such Operating Year. Landlord shall promptly cause statements of said Additional Rent for that Operating Year to be prepared and furnished to Tenant.
Landlord and Tenant shall thereupon make appropriate adjustments of amounts then owing. The provisions of this Section 49.05 shall survive the expiration
or sooner termination of the Term of this Lease.
ARTICLE 50
TENANT’S SELF-HELP RIGHTS
50.01 Subject to the provisions of this Article 50, if Landlord fails to provide on a timely basis in accordance with the provisions of
this Lease any item of maintenance, repair or service (including utilities) with respect to (i) items that are exclusively located within the Premises, and (ii) items
which exclusively serve the Premises, in each case which do not affect the exterior of the Building or Building Systems (other than a horizontal extension of a
base Building System located within and exclusively serving the Premises, such as a pipe running horizontally from a main plumbing line to a sink in a core
bathroom), and in any such case such failure by Landlord is not the result of a Tenant Delay or an Unavoidable Delay, Tenant shall have the right (but not
the obligation) to perform and fulfill Landlord’s obligation with respect thereto. The extent of the work performed by Tenant in curing any such Landlord
default shall not exceed the work that is reasonably necessary to effectuate such remedy and the cost of such work shall be reasonably prudent and economical
under the circumstances. Notwithstanding anything to the contrary contained herein, Tenant shall not be entitled to cure any failure of Landlord if (A) such
cure requires access to the premises of other tenants or occupants of the Building, or (B) the performance of such cure would impair or disrupt services to the
tenants of the Building (in each case other than to a de minimis extent). The defaults of Landlord that Tenant is permitted to cure in accordance with the
provisions of this Section 50.01 are hereinafter collectively referred to as “ Self-Help Items”.
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