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.

Failure to Exercise. In the event that Tenant fails to exercise its right as aforesaid on or before January 1, 2022 (time being of the essence) 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 3.

If the 25th Floor shall not be available for Tenant’s occupancy on the Anticipated 25th Floor 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 the 25th Floor available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the 25th Floor 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 3, the 25th Floor Delivery Date shall be deferred to and shall be the date the 25th Floor is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 3(f)(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.

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.

If the 26th Floor shall not be available for Tenant’s occupancy on the Anticipated 26th Floor 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 the 26th Floor available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the 26th Floor 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 4, the 26th Floor Delivery Date shall be deferred to and shall be the date the 26th Floor is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 4(g)(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.

Failure to Exercise. In the event that Tenant fails to exercise its right as aforesaid within thirty (30) days of the date the 27th 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 5.

If the 27th Floor shall not be available for Tenant’s occupancy on the Anticipated 27th Floor 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 the 27th Floor available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the 27th Floor 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 5, the 27th Floor Delivery Date shall be deferred to and shall be the date the 27th Floor is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 5(g)(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.

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.

If the Full Floor Expansion Space shall not be available for Tenant’s occupancy on the Anticipated Full Floor 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 the Full Floor Expansion Space available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the Full Floor Expansion 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 6, the Full Floor Delivery Date shall be deferred to and shall be the date the Full Floor Expansion Space is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 6(g)(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.

Failure to Perform. If Tenant fails to perform Tenant’s obligations under this Section 7.1, Landlord may enter upon the Premises after ten (10) days’ prior written notice to Tenant (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Tenant’s behalf, and put the Premises in good order, condition and repair, and Tenant shall promptly pay to Landlord a sum equal to 110% of the cost thereof.