Coach 2013 Annual Report Download - page 586

ARTICLE 51
EXPEDITED ARBITRATION
51.01 In the event of any dispute under this Lease with respect to whether Landlord has unreasonably withheld, conditioned or
delayed its consent in any instance when Landlord’s consent was not to be unreasonably withheld or delayed (including, without limitation, with respect to
any proposed assignment or subletting pursuant to Article 4 and/or to any Alterations pursuant to Article 8, or with respect to any other matter hereunder that
may expressly be resolved by expedited arbitration pursuant to this Article 51), either party shall have the right to submit such dispute to arbitration in the
City of New York under the expedited procedures of the Commercial Arbitration Rules of the American Arbitration Association (presently Rules E-1 through E-
10); provided, however, that with respect to any such arbitration, (i) the list of arbitrators referred to in Rule E-4 shall be returned within five (5) days from
the date of mailing; (ii) the parties shall notify the American Arbitration Association by telephone, within four (4) days of any objections to the arbitrator
appointed and will have no right to object if the arbitrator so appointed was on the list submitted by the American Arbitration Association and was not objected
to in accordance with Rule E-4; (iii) the Notice of Hearing referred to in Rule E-7 shall be four (4) days in advance of the hearing; (iv) the hearing shall be held
within five (5) days after the appointment of the arbitrator; (v) the arbitrator shall have no right to award damages; and (vi) the decision and award of the
arbitrator shall be final and conclusive on the parties. The time periods set forth in this Article 51 are of the essence. If any party fails to appear at a duly
scheduled and noticed hearing for any reason other than an Unavoidable Delay, the arbitrator is hereby expressly authorized to enter judgment for the
appearing party. The arbitrators conducting any arbitration shall be bound by the provisions of this Lease and shall not have the power to add to, subtract
from, or otherwise modify such provisions. Landlord and Tenant agree to sign all reasonable documents and to do all other things reasonably necessary to
submit any such matter to arbitration and further agree to, and hereby do, waive any and all rights they or either of them may at any time have to revoke their
agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder which shall be binding and conclusive on the parties and shall
constitute an “award” by the arbitrator within the meaning of the American Arbitration Association rules and Applicable Laws. Judgment may be had on the
decision and award of the arbitrators so rendered in any court of competent jurisdiction. Each arbitrator shall be a qualified, disinterested and impartial person
who shall have had at least ten years’ experience in New York City in a calling connected with the matter of the dispute. Landlord and Tenant shall each have
the right to appear and be represented by counsel before said arbitrators and to submit such data and memoranda in support of their respective positions in the
matter in dispute as may be reasonably necessary or appropriate under the circumstances. Each party hereunder shall pay its own costs, fees and expenses in
connection with any arbitration or other action or proceeding brought under this Article 51, and the expenses and fees of the arbitrators selected shall be shared
equally by Landlord and Tenant; provided, that, to the extent the arbitrator determines that a party significantly prevailed in a dispute, all of the actual
reasonable out-of-pocket costs incurred by such party in connection with such arbitration shall be borne by the unsuccessful party; it being understood and
agreed that the mere fact that the arbitrator may rule in the favor of a particular party shall not mean per se that such party prevailed “significantly” on the
matter which is the subject of dispute. Notwithstanding any contrary provisions hereof, Landlord and Tenant agree that (i) the arbitrators may not award or
recommend any damages to be paid by either party and (ii) in no event shall either party be liable for, nor shall either party be entitled to recover, any damages.
Neither party shall have ex parte communications with any arbitrator selected under this Article 51 following his or her selection and pending completion of
the arbitration hereunder.
ARTICLE 52
CONNECTION RIGHTS
52.01 Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right, from time to time, to use space in
the Building’s existing risers for the purposes of connecting Tenant’s equipment located within the Premises to Tenant’s equipment located in Tenant’s or
Tenant’s affiliates condominium unit in the Building and to any other areas in or on the Building, including, without limitation, the roof thereof, where Tenant
or its affiliates’ equipment is permitted to be located as a result of such entity’s ownership of the condominium unit within the Building.
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