Coach 2007 Annual Report Download - page 130

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 
Section 9.1 Default by Tenant. Any default or breach by Tenant as buyer under the Contract of Sale or a default by Tenant as a tenant-in-
common under the TIC Agreement (as hereinafter defined) that is uncured within the periods set forth in such agreements shall constitute a default by
Tenant under this Lease, and any default by Tenant under this Lease that is uncured within the periods set forth herein shall constitute a default by
Tenant as buyer under the Contract of Sale and by Tenant as a tenant-in-common under the TIC Agreement.
Section 9.2 Default by Landlord. Any default or breach by Goldberg as Seller under the Contract of Sale or a default by Goldberg as a
tenant-in-common under the TIC Agreement that is uncured within the periods set forth in such agreements shall constitute a default by Goldberg
under this Lease, and any default by Landlord under this Lease that is uncured within the periods set forth herein shall constitute a default by
Goldberg under the Contract of Sale and by Goldberg as a tenant-in-common under the TIC Agreement.
Section 9.3 Closing Under Contract of Sale. The terms and conditions of this Article 9 to the contrary notwithstanding, no default or breach
by the Tenant or Landlord, as the case may be, shall relieve the other party of the obligation to sell and purchase (respectively) the Premises pursuant
to the Contract of Sale or deprive either party of the remedy of specific performance under the Contract of Sale, provided, however, that (A) the
consummation of said closing shall not relieve the defaulting party of any liability for damages as a result of such default or breach, which liability
shall survive the closing under the Contract of Sale, (B) all amounts of Rent due and payable pursuant to Section 3.1 hereunder which shall not then
have been paid shall be paid at said closing, and (C) all amounts of additional rent which shall not then have been paid shall be paid at said closing
except that if said amounts are in dispute, the defaulting party shall deposit in escrow with the attorneys for the non-defaulting party the amount so in
dispute pending the resolution or final adjudication of said dispute.

Section 10.1 Quiet Enjoyment. Landlord covenants and agrees with Tenant, that upon Tenant paying the rent and additional rent and observing and
performing all of the terms, covenants and conditions on Tenant’s part to be observed and performed, Tenant may peaceably and quietly enjoy the Premises,
subject nevertheless to the terms and conditions of this Lease and the Mortgage.

Section 11.1 Default by Tenant, Remedies.
(a) If Tenant defaults in fulfilling any of the covenants of this Lease, or if the Premises becomes vacant or deserted, or if this
Lease be rejected under §365 of Title 11 of the U.S. Code (Bankruptcy Code); or if any execution or attachment shall be issued against Tenant or
any of Tenant’s property whereupon the Premises shall be taken or occupied by someone other than Tenant; then in any one or more of such
events, upon Landlord serving a written 10 days notice with respect to a default in the payment of rent or additional rent or 30 days notice with
respect to any other default notice upon Tenant specifying the nature of said default, and upon the expiration of said 10 or 30 days, as the case
may be, if Tenant shall have failed to comply with or remedy such default, or if the said default or omission complained of shall be of a nature
that the same cannot be completely cured or remedied within said 30 day period (it being intended that a default in the payment of rent or
additional rent shall not have the benefit of this extension of the cure period), and if Tenant shall not have diligently commenced during such
default within such 30 day period, and shall not thereafter with reasonable diligence and in good faith, proceed to remedy or cure such default,
then Landlord may serve a written five (5) days notice of cancellation of this Lease upon Tenant, and upon the expiration of said five (5) days this
Lease and the term thereunder shall end and expire as fully and completely as if the expiration of such five (5) day period were the day herein
definitely fixed for the end and expiration of this Lease and the term thereof, and Tenant shall then quit and surrender the Premises to Landlord,
but Tenant shall remain liable as hereinafter provided.
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