Coach 2013 Annual Report Download - page 568

30.07 Subject to casualty, condemnation, Unavoidable Delays and the other provisions of this Lease, Tenant shall have the non-
exclusive right to use, in common with others, the public and common areas of the Building, to the extent required for access to the Premises or use of the
Premises for the Permitted Uses, including, without limitation, the Building’s lobby, exterior plaza areas, loading docks, elevators, entrances, and sidewalks
to the extent any or all of the foregoing are designated by Landlord, as the case may be, for the common use of tenants and others, stairways (subject to Article
51), and restrooms (provided however that restrooms located on full floors demised under this Lease shall be part of the Premises). Landlord shall operate and
maintain the public and common areas of the Building and all Building Systems serving such areas and the Premises, all in a manner consistent with the
standards maintained in other Comparable Buildings of a similar quality.
30.08 Landlord will use commercially reasonable efforts to permit Tenant, at no out-of-pocket cost to Landlord, to utilize the same
technology utilized by Landlord in any security system utilized by Landlord from time to time in the lobby of the Building so that Tenant may issue to its
employees a single card that will permit access through the lobby and to the Premises; provided, however, that nothing contained herein shall be construed to
permit Tenant to control or monitor or tie in to Landlord’s system (except that Tenant, at Tenant’s sole cost and expense, shall be permitted to interface with
Landlord’s system solely to the extent required to monitor the access of its own personnel through the lobby). Nothing contained herein shall prevent Landlord,
without any liability to Tenant, from changing from time-to-time the technology utilized by Landlord in connection with the foregoing .
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ARTICLE 32
TAX ESCALATION
32.01 Tenant covenants to pay, before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof, as Additional
Rent, all Real Estate Taxes accruing during the Term in respect of the Premises.
(a) For the purpose of this Lease, the following definitions shall apply:
(i) The term “Real Estate Taxes” shall mean the total of all taxes and special or other assessments levied, assessed
or imposed at any time by any governmental authority upon or against the Premises, including, without limitation, any tax or assessment levied, assessed or
imposed at any time by any governmental authority in connection with the receipt of income or rents from said Premises to the extent that same shall be in lieu
of all or a portion of any of the aforesaid taxes or assessments, or additions or increases thereof, upon or against said Premises and any business improvement
district assessment payable by or with respect to the Premises. Without duplication, the term “Real Estate Taxes” shall also include any payments in lieu of
taxes agreement or Uniform Tax Exemption Policy (“PILOT Agreement” ) made to any governmental authority having jurisdiction over the Premises which are
specifically applicable to the Premises pursuant to any PILOT Agreement entered into with such governmental authority. If, due to a future change in the
method of taxation or in the taxing authority, or for any other reason, a franchise, income, transit, profit or other tax or governmental imposition, however
designated, shall be levied against Landlord in substitution in whole or in part for the Real Estate Taxes, or in lieu of additions to or increases of said Real
Estate Taxes, then such franchise, income, transit, profit or other tax or governmental imposition shall be deemed to be included within the definition of “Real
Estate Taxes” for the purposes hereof.
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