PARTY TENANT OF THE FOURTH
FLOOR EXPANSION SPACE HAS AN OPTION TO EXTEND THE TERM OF SUCH PARTY'S LEASE.
IF SUCH THIRD PARTY EXTENDS THE TERM OF ITS LEASE OF THE FOURTH FLOOR EXPANSION
SPACE, LANDLORD SHALL PROMPTLY NOTIFY TENANT OF SUCH EXERCISE AND TENANT SHALL
HAVE NO FURTHER RIGHTS TO LEASE SUCH SPACE PURSUANT TO THIS SECTION 18.2 UNTIL
SUCH TIME AS SUCH LEASE, AS EXTENDED, EXPIRES.
(II)
SECOND FLOOR EXPANSION OPTION.
TENANT SHALL HAVE THE OPTION TO
LEASE THE BALANCE OF THE SECOND (2ND) FLOOR OF THE BUILDING NOT INCLUDED IN THE
SECOND FLOOR PREMISES (THE "SECOND FLOOR EXPANSION SPACE") FOR A TERM COMMENCING
THE FIRST DAY OF THE SEVENTH RENT YEAR.
(B)
EXERCISE OF EXPANSION OPTION.
TENANT SHALL EXERCISE THE OPTION TO
LEASE THE FOURTH FLOOR EXPANSION SPACE, IF AT ALL, BY WRITTEN NOTICE TO LANDLORD
GIVEN NOT LATER THAN FEBRUARY 28, 2010, AND SHALL EXERCISE THE OPTION TO LEASE
THE SECOND FLOOR EXPANSION SPACE BY WRITTEN NOTICE TO LANDLORD GIVEN BY THE LAST
OF THE THIRD MONTH OF THE SIXTH RENT YEAR.
(C)
EFFECT OF LATE DELIVERY.
IF TENANT TIMELY EXERCISES THE OPTION TO
LEASE THE FOURTH FLOOR EXPANSION SPACE OR THE SECOND FLOOR EXPANSION SPACE
(EITHER SUCH SPACE REFERRED TO HEREIN AS "EXPANSION SPACE"), AS APPLICABLE,
LANDLORD SHALL USE REASONABLE EFFORTS TO DELIVER SUCH EXPANSION SPACE BY THE
APPLICABLE PROJECTED DELIVERY DATE SET FORTH HEREIN OR OTHERWISE STATED IN
LANDLORD'S NOTICE, PROVIDED THAT TENANT AGREES THAT, IF LANDLORD IS UNABLE TO
DELIVER POSSESSION OF THE EXPANSION SPACE ON THE PROJECTED AVAILABILITY DATE,
LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE THEREBY, NOR SHALL TENANT'S LEASE OF
SUCH EXPANSION SPACE BE VOID OR VOIDABLE, BUT RENT WILL NOT
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ACCRUE FOR SUCH EXPANSION SPACE UNTIL THE DATE LANDLORD DELIVERS POSSESSION OF
SUCH EXPANSION SPACE TO TENANT.
NOTWITHSTANDING THE FOREGOING, LANDLORD SHALL
USE COMMERCIALLY REASONABLE EFFORTS TO DELIVER THE EXPANSION SPACE TO TENANT AS
SOON AS POSSIBLE FOLLOWING THE PROJECTED AVAILABILITY DATE FOR THE LEASE
THEREOF, AND IF FOR ANY REASON SUCH EXPANSION SPACE IS NOT DELIVERED TO TENANT
WITHIN ONE HUNDRED TWENTY (120) DAYS FROM PROJECTED AVAILABILITY DATE FOR SUCH
EXPANSION SPACE, THEN TENANT SHALL HAVE THE RIGHT TO RESCIND ITS EXERCISE OF THE
EXPANSION OPTION WITH RESPECT TO SUCH EXPANSION SPACE BY WRITTEN NOTICE TO
LANDLORD GIVEN AT ANY TIME PRIOR TO SUCH DELIVERY.
(D)
TERMS AND CONDITIONS.
AT TENANT'S REQUEST, LANDLORD SHALL PERMIT
TENANT TO INSPECT THE EXPANSION SPACE PRIOR TO THE DEADLINE FOR EXERCISE OF THE
OPTION TO LEASE THE EXPANSION SPACE, PROVIDED THAT TENANT'S ENTRY AND INSPECTION
SHALL BE CONDUCTED IN A MANNER DESIGNED TO MINIMIZE INTERFERENCE WITH THE
OPERATIONS OF ANY PARTY THEN OCCUPYING THE EXPANSION SPACE.
IF TENANT WILL
LEASE THE EXPANSION SPACE PURSUANT TO SECTION 18.2(A) ABOVE, THEN LANDLORD AND
TENANT SHALL ENTER INTO A WRITTEN AMENDMENT OF THIS LEASE ADDING THE EXPANSION
SPACE TO THE PREMISES ON ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS LEASE
AS TO THE PREMISES ORIGINALLY DEMISED HEREUNDER, EXCEPT THAT