Coach 2013 Annual Report Download - page 584

50.02 (a) If Tenant believes that Landlord has failed to perform any Self-Help Item as required by this Lease, Tenant may give
Landlord a notice (a “Self-Help Notice”) of Tenant’s intention to perform such Self-Help Item on Landlord’s behalf, which notice shall contain a statement in
bold type and capital letters at the top of such notice stating “ THIS IS A TIME SENSITIVE SELF HELP NOTICE AND LANDLORD SHALL BE
DEEMED TO WAIVE ITS RIGHTS IF IT FAILS TO RESPOND IN THE TIME PERIOD PROVIDED” as a condition to the effectiveness thereof.
If Landlord fails within thirty (30) days after Tenant gives such Self-Help Notice (or within seven (7) Business Days after Tenant gives such Self-Help Notice
in the event of an emergency that is causing a material disruption of Tenant’s business) to either (i) commence (and thereafter continue to diligently perform)
the cure of such Self-Help Item or (ii) give a notice to Tenant (a “Landlord’s Self-Help Dispute Notice”) disputing in good faith Tenant’s right to perform the
cure of such Self-Help Item pursuant to the terms of this Article 50, then Tenant shall have the right, but not the obligation, to commence and thereafter
diligently prosecute the cure of such Self-Help Item in accordance with the provisions of this Article 50 at any time thereafter, but prior to the date on which
Landlord either commences to cure such Self-Help Item or gives to Tenant a Landlord’s Self-Help Dispute Notice. If either (A) within such thirty (30) day
period (or seven (7) Business Day period, if applicable) or at any time thereafter prior to the date on which Tenant commences to cure such Self-Help Item,
Landlord gives a Landlord’s Self-Help Dispute Notice, or (B) Tenant disputes whether Landlord has commenced to cure or is diligently proceeding with the
cure of such Self-Help Item, Tenant may commence an expedited arbitration proceeding pursuant to Article 51 (a “Self-Help Arbitration”). Such Self-Help
Arbitration shall determine either (1) whether Landlord has failed to commence or has been and is then continuing to fail to diligently prosecute the Self-Help
Item in question or (2) whether Tenant has the right pursuant to the terms of this Article 50 to cure such Self-Help Item. If Tenant shall prevail in such Self-
Help Arbitration, Tenant may perform the cure of such Self-Help Item. Upon completion of the cure of such Self-Help Item, as provided herein, by Tenant,
Tenant shall give notice thereof (the “Self-Help Item Completion Notice”) to Landlord together with a copy of paid invoices setting forth the reasonable out-of-
pocket costs and expenses incurred by Tenant to complete such Self-Help Item taking into account the circumstances of such Self-Help Item (the “ Self-Help
Amount”). Landlord shall reimburse Tenant in the amount of the Self-Help Amount within thirty (30) days after Tenant gives to Landlord the Self-Help Item
Completion Notice, together with interest thereon at the Interest Rate from the date same were incurred through the date of reimbursement.
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