Failure to Exercise. In the event that Tenant fails to exercise its right as aforesaid within thirty (30) days of the date the Partial Floor ROFO Notice is given to Tenant or, in the event Tenant shall have exercised its right and Tenant shall not have executed an amendment of this Lease as aforesaid within thirty (30) days from the date the Tenant is given such an Amendment, Tenant shall be deemed to have waived its right under this Rider Section 1. Except for such waiver, Tenant’s rights under this Rider Section 1 are continuous and, therefore, if the lease in favor of a third party of the Partial Floor ROFO Space expires or otherwise terminates, and Landlord desires to accept an offer to lease such Partial Floor ROFO Space after the expiration of the third party Lease, Landlord shall again give Tenant notice of its right to lease such Partial Floor ROFO Space (subject to the provisions of this Rider Section 1).

Failure to Exercise. In the event that Tenant fails to exercise its right as aforesaid within thirty (30) days of the date the Available ROFO Notice is given to Tenant or, in the event Tenant shall have exercised its right and Tenant shall not have executed an amendment of this Lease as aforesaid within thirty (30) days from the date the Tenant is given such an Amendment, Tenant shall be deemed to have waived its right under this Rider Section 2. Except for such waiver, Tenant’s rights under this Section are continuous and, therefore, if the lease in favor of a third party of the Available ROFO Space expires or otherwise terminates, and Landlord desires to accept an offer to lease such Available ROFO Space after the expiration or termination of a third party lease, Landlord shall again give Tenant notice of its right to lease such Available ROFO Space (subject to the provisions of this Rider Section 2).

If # Landlord shall have sent a Partial Floor ROFO Notice to Tenant and Tenant fails to exercise its option under this Rider Section 1 with respect to a particular Partial Floor ROFO Space (or is deemed to have waived such options), and # Landlord fails to enter into a lease or other occupancy agreement covering all or any portion of such Partial Floor ROFO Space within nine (9) months after the date of Tenant’s response (or deemed response) to such Partial Floor ROFO Notice (provided, that such 9-month period shall be tolled during all periods that Landlord shall be then actively negotiating the leasing or occupancy of all or any portion of such Partial Floor ROFO Space directly or through a broker or agent) then, Landlord shall again comply with the applicable provisions and conditions of this Rider Section 1 before leasing such Partial Floor ROFO Space to any third party (to the extent applicable and subject to the this Rider Section 1).

Failure to Exercise. In the event that Tenant fails to exercise its right as aforesaid within thirty (30) days of the date the Full Floor Availability Notice is given to Tenant or, in the event Tenant shall have exercised its right and Tenant shall not have executed an amendment of this Lease as aforesaid within thirty (30) days from the date the Tenant is given such an Amendment, Tenant shall be deemed to have waived its right under this Rider Section 6.

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.

Notwithstanding Rider [Section 1(h)(i)] above, if any Partial Floor ROFO Space shall not be available for Tenant’s occupancy for any reason on or before the six (6)-month anniversary of the Anticipated Partial Floor Delivery Date (subject to extension due to Force Majeure Causes, delays to the extent caused by Tenant, and/or delays caused by the holding over of the prior tenant (provided, Landlord shall diligently enforce all of its rights and remedies under such prior tenant’s lease with respect to such prior tenant’s holdover, including, but not limited to, instituting holdover proceedings against such prior tenant; provided, further, such delay due to such holding over of the prior tenant shall not exceed ninety (90) days in the aggregate)), then Tenant may, as its sole remedy (except as otherwise provided in the following sentence), rescind the exercise of its option under this Rider Section 1 with respect thereto by giving notice of such rescission to Landlord within thirty (30) days after the six (6)-month anniversary of the Anticipated Partial Floor Delivery Date (as may be extended pursuant to this sentence). If Tenant shall not have elected to rescind the exercise of its option under this Rider Section 1 pursuant to the immediately preceding sentence within such 30-day period, then, if any Partial Floor ROFO Space shall not be available for Tenant’s occupancy for any reason on or before the three (3)-month anniversary of the expiration of such 30-day period (subject to extension due to Force Majeure Causes (including holding over of the prior tenant) and/or delays to the extent caused by Tenant), then Tenant again may, as its sole remedy, rescind the exercise of its option under this Rider Section 1 with respect thereto by giving notice of such rescission to Landlord within thirty (30) days after such three (3)-month anniversary (as may be extended pursuant to this sentence). Landlord shall use commercially reasonable efforts to remove any prior tenant holding over in the applicable Partial Floor ROFO Space.

Partial Floor ROFO Space. If, at any time during the Term of the Lease (but only for so long as three (3) years remain in the term of the Lease, or if less than three (3) years remain but Tenant chooses to exercise the Extension Option provided in Rider Section 7 herein simultaneously with Tenant’s election of its rights under this Rider Section 1 and Tenant is entitled to renew pursuant to the provisions thereof), Landlord desires to actively market any partial floor of the Building on which Tenant already leases space pursuant to this Lease (each partial floor availability in its entirety, the “Partial Floor ROFO Space”), then subject to the terms of this Rider Section 1, Landlord shall give Tenant written notice (“Partial Floor ROFO Notice”) no less than four (4) months and no more than twelve (12) months in advance of such event. The Partial Floor ROFO Notice shall include, with respect to such Partial Floor ROFO Space, Landlord’s good faith estimate (but not binding, subject to the Baseball Arbitration procedure described below) of the Market Rental Rate (as defined below), the anticipated delivery date (“Anticipated Partial Floor Delivery Date”), and the location, configuration and size of the Partial Floor ROFO Space, concessions offered (in Landlord’s discretion), and whether such Partial Floor ROFO Space shall be delivered in its then as-is condition or other condition as selected by Landlord. In the event Tenant desires to lease the Partial Floor ROFO Space, within thirty (30) days after the date the Partial Floor ROFO Notice is delivered to Tenant, Tenant shall give Landlord written notice (“Partial Floor ROFO Acceptance Notice”) of its election to lease the Partial Floor ROFO Space, the time of giving of the Partial Floor ROFO Acceptance Notice to be of the essence of this Section. In the event Tenant desires to lease the Partial Floor ROFO Space but disputes in the Partial Floor ROFO Acceptance Notice Landlord’s estimate of the Market Rental Rate, the parties shall have an additional period of fifteen (15) business days after Landlord’s receipt of the Partial Floor ROFO Acceptance Notice in which to negotiate in good faith the Market Rental Rate. If after such fifteen (15) additional business days, the parties cannot agree to the Market Rental Rate, the Market Rental Rate shall be determined in accordance with the Baseball Arbitration procedure described below.

Failure to Exercise. In the event that Tenant fails to exercise its right as aforesaid within thirty (30) days of the date the 26th Floor Availability Notice is given to Tenant or, in the event Tenant shall have exercised its right and Tenant shall not have executed an amendment of this Lease as aforesaid within thirty (30) days from the date the Tenant is given such an Amendment, Tenant shall be deemed to have waived its right under this Rider Section 4.