If any Available ROFO Space shall not be available for Tenant’s occupancy on the Anticipated Available ROFO Delivery Date for any reason not within the control of Landlord, including the holding over of the prior tenant, then Landlord and Tenant agree that the failure to have such Available ROFO Space available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of such Available ROFO Space in the Premises or the obligations of Landlord or Tenant under the Lease, nor shall the same be construed in any way to extend the term of the Lease or impose any liability on Landlord, and for the purpose of this Rider Section 2, the Available ROFO Delivery Date shall be deferred to and shall be the date such Available ROFO Space is delivered to Tenant in the delivery condition set forth in Rider [Section 2(g)(i)] above. The provisions of this Rider [Section 2(h)(i)] are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.

over of the prior tenant, then Landlord and Tenant agree that the failure to have such Partial Floor ROFO Space available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of such Partial Floor ROFO Space in the Premises or the obligations of Landlord or Tenant under the Lease, nor shall the same be construed in any way to extend the term of the Lease or impose any liability on Landlord, and for the purpose of this Rider Section 1, the Partial Floor Delivery Date shall be deferred to and shall be the date such Partial Floor ROFO Space is delivered to Tenant in the delivery condition set forth in Rider [Section 1(g)(i)] above. The provisions of this Rider [Section 1(h)(i)] are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.

Subject to Rider [Section 1(h)], effective as of the later of # the Anticipated Available ROFO Delivery Date of the applicable Available ROFO Space, and # the date the applicable Available ROFO Space is delivered to Tenant in the condition required by Rider [Section 2(g)(ii)] below (such later date being referred to herein as the “Available ROFO Delivery Date”), through and including the Expiration Date: