Amended Lease. If: # Tenant fails to timely deliver an Exercise Notice, or # following Tenant’s delivery of an exercise notice to Landlord, Landlord tenders to Tenant an amendment to the Lease for the rental of the Identified Expansion Space reasonably acceptable to Landlord and Tenant, each in their reasonable discretion, and Tenant fails to execute such Lease amendment within 10 days following such tender, Tenant shall be deemed to have waived its right to lease the Identified Expansion Space.

Amended Lease. If: # Tenant fails to timely deliver an Expansion Notice, or # after the expiration of a period of 10 business days after Landlord’s delivery to Tenant of a lease amendment for Tenant’s lease of the Identified Expansion Space, no lease amendment for the Identified Expansion Space acceptable to both parties each in their sole and absolute discretion, has been executed, Tenant shall be deemed to have forever waived its right to lease the Identified Expansion Space.

Amended Lease. If: # Tenant fails to timely deliver an Acceptance Notice, or # after the expiration of a period of 120 days after Landlord’s delivery to Tenant of a lease amendment for Tenant’s lease of the Identified Space, no lease amendment for the Identified Space acceptable to both parties each in their reasonable discretion after using diligent good faith efforts negotiate the same, has been executed, Tenant shall, notwithstanding anything to the contrary contained herein, be deemed to have forever waived its right to lease such Identified Space.

Amended Lease. If: # Tenant fails to timely deliver an Exercise Notice, or # after the expiration of a period of 10 days from the date Tenant delivers an Exercise Notice to Tenant, no lease amendment for the Expansion Space has been executed, and Landlord tenders to Tenant an amendment to this Lease setting forth the terms for the rental of the Expansion Space consistent with those set forth in the Expansion Notice and otherwise consistent with the terms of this Lease and Tenant fails to execute such Lease amendment within 10 business days following such tender, Tenant shall be deemed to have forever waived its right to lease the Expansion Space.

Amended Lease. If: # Tenant fails to timely deliver an Acceptance Notice, or # after the expiration of a period of 20 days after Landlord’s delivery to Tenant of a lease amendment for Tenant’s lease of the Identified Space, no lease amendment for the Identified Space acceptable to both parties each in their reasonable discretion, has been executed despite the good faith reasonable efforts of Landlord and Tenant, Tenant shall, notwithstanding anything to the contrary contained herein, be deemed to have waived its right to lease the Identified Space pursuant to the Pending Deal Notice in question.

Amended Lease. If: # Tenant fails to timely deliver an Exercise Notice, or # after the expiration of a period of 20 days after Landlord’s delivery to Tenant of a lease amendment for Tenant’s lease of the ROFO Space, no lease amendment for such applicable space acceptable to both parties each in their reasonable discretion after using diligent good faith efforts to negotiate the same, has been executed, Tenant shall, notwithstanding anything to the contrary contained herein, be deemed to have forever waived its right to lease the ROFO Space and the terms of this Section 39 shall thereafter be of no further force or effect.

Amended Lease. If: # Tenant fails to timely deliver notice accepting the terms of an Expansion Notice, or # after the expiration of a period of 30 days (or, if later, 10 business days from the tender of the amendment described below) from the date Tenant gives notice accepting Landlord’s offer to lease such Available Space, no lease amendment or lease agreement for the Available Space has been executed by Tenant, and Landlord has tendered to Tenant an amendment to this Lease setting forth the terms for the rental of the Available Space consistent with those set forth in the Expansion Notice and otherwise consistent with the terms of this Lease, with no other modifications (except for commercially

Amended Lease. If: # Tenant fails to timely deliver an Exercise Notice, or # following Tenant’s delivery of an exercise notice to Landlord, Landlord tenders to Tenant an amendment to the Lease for the rental of the applicable Identified Expansion Space reasonably acceptable to Landlord and Tenant, each in their reasonable discretion, and Tenant fails to execute such Lease amendment within 10 days following such tender, Tenant shall be deemed to have waived its right to lease such Identified Expansion Space.

Amended Lease. If Tenant fails to deliver notice responding to a Project Expansion Notice as provided herein within 10 business days following such tender, Tenant shall be deemed to have waived its right to lease the Project Expansion Space described in such Project Expansion Notice. Landlord and Tenant shall execute and deliver a lease amendment or lease agreement for the Project Expansion Space within the 30 day period from the date Tenant gives notice accepting Landlord’s offer to lease the Project Expansion Space. Both Landlord and Tenant shall exercise diligence to ensure that such lease amendment or lease agreement is timely executed and delivered.

Amended Lease. If Tenant fails to timely deliver a Space Exercise Notice, then Tenant shall be deemed to have waived its right to Lease such Identified Space subject to the terms of Section 9(a). If Landlord tenders to Tenant an amendment to the Lease