Coach 2013 Annual Report Download - page 348

Note 1:
(a) To the extent that the ERY Usage Charges (including Loading Dock usage charges) and the respective ERY Shared Costs for Office Unit 1,
Office Unit 2A or Office Unit 2B exceeds (i) in the case of Office Unit 1 the product of (A) $2.65 (as adjusted from time to time pursuant
to clause (b) hereof) and (B) the sum of (1) the GSF of Office Unit 1, as set forth in Exhibit B to the Declaration, and (2) the GSF of any
Exclusive Use Common Elements appurtenant to Office Unit 1 (including, without limitation, the Terrace located on the Setback Roof at
Level 19), as shown on the Floor Plans, (ii) in the case of Office Unit 2A the product of (A) $2.65 (as adjusted from time to time pursuant
to clause (b) hereof) and (B) the sum of (1) GSF of Office Unit 2A, as set forth in Exhibit B to the Declaration and (2) the GSF of any
Exclusive Use Common Elements appurtenant to Office Unit 2A, as shown on the Floor Plans, and (iii) in the case of Office Unit 2B the
product of (A) $2.65 (as adjusted from time to time pursuant to clause (b) hereof) and (B) the sum of (1) the GSF of Office Unit 2B, as set
forth in Exhibit B to the Declaration, and (2) the GSF of any Exclusive Use Common Elements appurtenant to Office Unit 2B, as shown
on the Floor Plans, then the amount of such excess shall not be allocated and billed to such Unit Owner, but shall instead be allocated and
billed to the other Unit Owners in accordance with their respective Common Interests. The amounts set forth in clauses (i)(A), (ii)(A) and
(iii)(A) above shall be equitably pro-rated to reflect annual adjustments to the amounts set forth in clauses (i)(A), (ii)(A) and (iii)(A) hereof
and to reflect any partial year.
(b) As used herein:
(i) “Consumer Price Index” has the meaning set forth in Section 20.7 of the By-Laws.
(ii) “Occupancy Date” means the date on which Coach or a Coach Affiliate first occupies a portion of Office Unit 1, Office Unit
2A and/or Office Unit 2B for the conduct of business.
(iii) “Base Index” means the Consumer Price Index in effect on the Occupancy Date.
(iv) “Current Index” means the Consumer Price Index in effect on each anniversary of the Occupancy Date, as applicable.
The amounts set forth in clauses (a)(i)(A), (ii)(A), and (iii)(A) hereof shall be adjusted as of each anniversary of the Occupancy Date to an
amount equal to the greater of (A) $2.65, and (B) the product of (1) $2.65, and (B) a fraction, the numerator of which is the then Current
Index and the denominator of which is the Base Index.
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