Coach 2013 Annual Report Download - page 562

ARTICLE 23
CLEANING
23.01 Tenant shall cause the Premises to be kept clean in accordance with the practices and with the cleaning contractor selected by
Tenant to clean the Coach Unit.
ARTICLE 24
JURY WAIVER
24.01 Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim involving any matter whatsoever
arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant’s use or occupancy of the Premises or involving the
right to any statutory relief or remedy. Tenant will not interpose any counterclaim of any nature in any summary proceeding (unless failure to impose such
counterclaim would preclude Tenant from asserting in a separate action the claim which is the subject of such counterclaim).
ARTICLE 25
NO WAIVER, ETC.
25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first
received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. Unless otherwise expressly set forth in this Lease to
the contrary, in the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then
Tenant shall pay to Landlord, as Additional Rent, from the date it was due until payment is made, interest on the overdue amount at the Interest Rate. No act or
omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or
acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than
the Rent herein provided shall at Landlord’s option be deemed on account of the earliest Rent remaining unpaid. No endorsement on any check, or letter
accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord.
25.02 No waiver of any provision of this Lease by either party shall be effective, unless such waiver be in writing signed by the party
to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor
shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had
unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease except if it is finally
determined by a court of competent jurisdiction that Landlord acted in bad faith in connection with such consent or approval request. Subject to the
immediately preceding sentence with respect to Tenant’s ability to seek money damages from a court of competent jurisdiction if Landlord acted in bad faith,
any dispute as to the reasonableness of any denial or withholding of Landlord’s consent or approval to any request by Tenant made under a provision of this
Lease shall be resolved by expedited arbitration pursuant to Article 51 and, upon final determination in accordance therewith that Landlord has unreasonably
denied or withheld its consent or approval to a request by Tenant, Landlord’s consent with respect thereto shall be deemed to have been given.
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