Coach 2013 Annual Report Download - page 576

43.05 Landlord and Tenant shall each endeavor to secure an appropriate clause in, or an endorsement upon, each “all-risk” insurance
policy obtained by it and covering property as stated in Section 43.02(b), pursuant to which the respective insurance companies waive subrogation against
each other and any other parties, if agreed to in writing prior to any damage or destruction. The waiver of subrogation or permission for waiver of any claim
hereinbefore referred to shall extend to the agents of each party and its employees and, in the case of Tenant, shall also extend to all other persons and entities
occupying or using the Premises in accordance with the terms of this Lease. If and to the extent that such waiver or permission can be obtained only upon
payment of an additional charge then, except as provided in the following paragraph, the party benefiting from the waiver or permission shall pay such charge
upon demand, or shall be deemed to have agreed that the party obtaining the insurance coverage in question shall be free of any further obligations under the
provisions hereof relating to such waiver or permission.
43.06 Subject to the foregoing provisions of this Article 43, and insofar as may be permitted by the terms of the insurance policies
carried by it, each party hereby releases the other with respect to any claim (including a claim for negligence) which it might otherwise have against the other
party for loss, damages or destruction with respect to its property by fire or other casualty (including rental value or business interruption, as the case may be)
occurring during the Term of this Lease.
43.07 If, by reason of a failure of Tenant to comply with the provisions of this Lease, the rate of fire insurance with extended coverage
on the Building or equipment or other property of Landlord shall be higher than it otherwise would be, Tenant shall reimburse Landlord, on demand, for that
part of the premiums for fire insurance and extended coverage paid by Landlord because of such failure on the part of Tenant.
43.08 Landlord may, from time to time, require that the amount of the insurance to be provided and maintained by Tenant hereunder
be increased so that the amount thereof adequately protects Landlord’s interest, but in no event in excess of the amount that would be required of other tenants
in Comparable Buildings.
43.09 A schedule or make up of rates for the Building or the Premises, as the case may be, issued by the New York Fire Insurance
Rating Organization or other similar body making rates for fire insurance and extended coverage for the premises concerned, shall be conclusive evidence of
the facts therein stated and of the several items and charges in the fire insurance rate with extended coverage then applicable to such premises.
43.10 Each policy evidencing the insurance to be carried by Tenant under this Lease shall contain a clause that such policy and the
coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess
insurance.
50