Coach 2007 Annual Report Download - page 126

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(ii) If a Tax year ends after the expiration of the term of this Lease, the Tax payment therefor shall be prorated to correspond to
the expiration or termination of the term of this Lease, the Tax payment therefor shall be prorated to correspond to that portion of such Tax Year
occurring within the term of this Lease. In addition, the Tax payment shall be prorated for the Tax Year in which the payment of additional rent
under this Article commences. If the real estate fiscal tax year of the City of New York shall be changed during the term of this Lease, any Taxes
for a real estate fiscal tax year, a part of which is included within a particular Tax year and a part of which is not so included, shall be
apportioned on the basis of the number of days in the real estate fiscal Tax year included in the particular Tax year for the purpose of making
the computations under this Article.
(iii) The Tax Payment shall be payable by Tenant within thirty (30) days after receipt of a demand from Landlord (but not
more than 30 days before the tax is due), which demand shall be accompanied by Landlord’s computation of the Tax payment (a copy of the
relevant tax bills shall be sent by Landlord to Tenant with each such demand).
(d) In the event the Mortgagee requires the payment of any escrows or reserves for insurance, Taxes or other reserves, same
shall be deposited with Mortgagee by Tenant.
(e) The term "additional rent" shall also include all sums of money other than Rent as shall become due and payable by Tenant to Landlord
hereunder. Each and every payment and expenditure, other than Rent and other than costs for any additions, alterations, repairs, replacements and
improvements to the Building, which are required to be paid by Tenant under this Lease, shall be deemed to be additional rent hereunder, whether or not the
provisions requiring payment of such amounts specifically so state, and shall be payable, unless otherwise provided in this Lease, on demand by Landlord
and in the case of the non-payment of any such amounts, Landlord shall have, in addition to all of its other rights and remedies, all of the rights and remedies
available to Landlord hereunder or by laws in the case of non-payment of Rent. Unless expressly otherwise provided in this Lease, the performance and
observance by Tenant of all the terms, covenants and conditions of this Lease to be performed and observed by Tenant hereunder shall be performed and
observed by Tenant at Tenant's sole cost and expense. In the event of Tenant's default in the payment of additional rent, Landlord shall have the same remedies
as for a default in the payment of Rent.
Section 3.3 Discretion Over Premises
To the extent not otherwise set forth in this Lease (but subject to the provisions of this Lease), Tenant has complete, discretion to
make any use of the Premises, including, but not limited to, the complete, absolute and sole authority and discretion over all matters relating to
maintenance, alteration, repair, management and operation of the Premises. Tenant may, but need not, renovate, construct, reconstruct,
demolish, repair and/or alter from time to time the present or future structural or other portions of the Premises, at its sole cost and expense.
Tenant shall be solely responsible for the maintenance, repair, upkeep and renovation of the Premises. Tenant shall have the sole right to any
signage or other uses of the Premises during the term hereof.
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