Coach 2013 Annual Report Download - page 614

1. Option Period. Pursuant to the terms of the Agreement, the Option may be exercised by Optionee at any time during the period (the
“Option Period”) [____________________], on the terms and subject to the conditions set forth in the Agreement.
2. Subordination of Option. In accordance with the terms of the Agreement, the Option to purchase or lease the 23 rd Floor of the
Building is subject and subordinate to any and all rights of L’Oreal USA, Inc., a Delaware corporation, with respect to the 23rd Floor of the Building pursuant
to that certain Lease, dated as of [___________], 2013, by and between Legacy Yards Tenant LLC, as landlord, and L’Oreal USA, Inc., as tenant, with
respect to premises located in Unit 3.
3. Termination and Release of Option. Upon the expiration or earlier termination of the Agreement, Optionee shall execute and deliver a
termination and release of this Memorandum and the Option granted pursuant to the Agreement in recordable form and otherwise in accordance with the terms
and conditions set forth in the Agreement. Notwithstanding the foregoing, the termination or expiration of the Agreement and the Option as provided therein
shall be self-effectuating and the failure of Optionee to execute or deliver any such termination of this Memorandum shall not affect the effectiveness of such
termination and the release hereof.
4. Incorporation of Agreement. All of the terms, conditions, provisions, representations and warranties, and covenants of the
Agreement are incorporated in this Memorandum by reference as though set forth in their entirety herein, and the Agreement and this Memorandum shall be
deemed to constitute but a single instrument. The provisions of this Memorandum are solely for the purpose of giving notice to third parties of Optionee’
interest in the Units and shall not be deemed to add to, modify, or limit the provisions of the Agreement, and shall be of no force or effect whatsoever in
construing the Agreement.
5. Counterparts. This Memorandum may be executed in any number of counterparts and by different parties hereto in separate
counterparts, each of which when so executed shall be deemed an original and all of which taken together shall constitute one and the same instrument.
[SIGNATURE PAGE FOLLOWS]
Exhibit H