Common use of Notice; Exercise Clause in Contracts

Notice; Exercise. (1) In order to exercise its right to lease the Hold Space Premises, Evolent shall provide Landlord with written notice on or before the Notice Outside Date, which notice from Evolent shall state therein the number of square feet of rentable area that Evolent desires to lease pursuant to this Section 45, provided that in no event shall the number of square feet of area comprising the Hold Space Premises be less than 14,560 rentable square feet of area. If Evolent shall fail to exercise its option to lease the Hold Space Premises on or before the Notice Outside Date, then Landlord shall be free to offer to lease and to lease such space on the sixth (6th) floor to others and Evolent’s right to lease said Hold Space Premises shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one-time right as to such Hold Space Premises), and Landlord may lease said Hold Space Premises to others under such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in Evolent’s delivery of the aforesaid notice to Landlord and that, if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Evolent’s failure to give such written notice). (2) Notwithstanding the foregoing, in the event that Landlord receives from a third party prospective tenant a response to a proposal for space on the sixth (6th) floor of the Building which would encumber all or any portion of the Hold Space Premises and which is on terms that Landlord is willing to accept, then Landlord shall provide written notice to Evolent of the existence of such prospective third party tenant, in which event, if Evolent wishes to lease the Hold Space, Evolent shall give to Landlord written notice of Evolent’s exercise of its option to so lease the Hold Space Premises within five (5) business days after the date on which Landlord gives written notice to Evolent of such prospective third party tenant, and such written notice from Evolent shall set forth therein the number of rentable square feet comprising the Hold Space Premises, provided that in no event shall the Hold Space Premises leased by Evolent pursuant to this Section 45.B.(2) comprise less than 14,560 rentable square feet of area. If Evolent fails to exercise its option to lease the Hold Space Premises within said five (5) days after the date of such notice from Landlord of the existence of a prospective third party tenant, then (i) Landlord shall be free to enter into a lease with such third party tenant upon terms and conditions acceptable to Landlord in its sole and absolute discretion, and (ii) if there still exists at least 14,560 rentable square feet of area available on the sixth (6th) floor of the Building, Evolent’s rights set forth in this Section 45 with respect to any portion of the Hold Space Premises which is not the subject of such lease with such third party tenant shall remain in full force and effect through and including the Notice Outside Date as set forth above. In the event that Landlord and such third party tenant do enter into a lease for space on the sixth (6th) floor of the Building, and if there does not thereafter exist at least 14,560 rentable square feet of area available on the sixth (6th) floor of the Building, then Evolent’s right to lease any further space on the sixth (6th) floor of the Building shall be subject to the terms and conditions of Section 46 hereof (captioned “Right of First Notice Space”). In the event that Landlord and such third party tenant do not enter into a lease, then Landlord shall not be permitted to enter into a lease with a new third party tenant until such time as Landlord has notified Evolent of the existence of such new third party tenant and Evolent has failed to exercise its right to lease the Hold Space Premises within the aforementioned five (5) business day period following such notice from Landlord.

Notice; Exercise. (1) In order to exercise its right to lease the Hold Space Premises, Evolent shall provide Landlord with written notice on or before the Notice Outside Date, which notice from Evolent shall state therein the number of square feet of rentable area that Evolent desires to lease pursuant to this Section 45, provided that in no event shall the number of square feet of area comprising the Hold Space Premises be less than 14,560 rentable square feet of area. If Evolent shall fail to exercise its option to lease the Hold Space Premises on or before the Notice Outside Date, then Landlord shall be free to offer to lease and to lease such space on the sixth (6th) floor to others and Evolent’s right to lease said Hold Space Premises shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one-time right as to such Hold Space Premises), and Landlord may lease said Hold Space Premises to others under such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in Evolent’s delivery of the aforesaid notice to Landlord and that, if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Evolent’s failure to give such written notice). (2) Notwithstanding the foregoing, in the event that Landlord receives from a third party prospective tenant a response to a proposal for space on the sixth (6th) floor of the Building which would encumber all or any portion of the Hold ROFN Space Premises and which is on terms that Landlord is willing to accept, then Landlord shall provide written notice to Evolent of the existence of such prospective third party tenant, in which event, if Evolent wishes to lease the Hold Space, event Evolent shall give to Landlord written notice of Evolent’s exercise of its option to so lease the Hold ROFN Space Premises within five (5) business days after the date on which Landlord gives written notice to Evolent of such prospective third party tenant, and such written notice from Evolent shall set forth therein the number of rentable square feet comprising the Hold Space Premises, provided that in no event shall the Hold Space Premises leased by Evolent pursuant to this Section 45.B.(2) comprise less than 14,560 rentable square feet of area. If Evolent fails shall fail to exercise its option to lease the Hold ROFN Space Premises within said five (5) business days after the date of such notice from Landlord of the existence of a prospective third party tenant, then (i) Landlord shall be free to enter into a lease with such third party tenant upon terms and conditions acceptable to Landlord in its sole and absolute discretion, and (ii) if there still exists at least 14,560 rentable square feet of area available Evolent’s rights set forth in this Section 46 with respect to any remaining space on the sixth (6th) floor of the Building, Evolent’s rights set forth in this Section 45 with respect to any portion of the Hold Space Premises Building which is not the subject of such lease with such third party tenant shall remain in full force and effect through and including the Notice Outside Date as set forth above. In the event that Landlord and such third party tenant do enter into a lease for space date on the sixth (6th) floor of the Building, and if there does not thereafter exist at least 14,560 which all rentable square feet of area available on the sixth (6th) floor of the Building, then Evolent’s right to lease any further office space on the sixth (6th) floor of the Building shall be subject to the terms and conditions of Section 46 hereof (captioned “Right of First Notice Space”)has been leased. In the event that Landlord and such third (3rd) party tenant do not enter into a lease, then Landlord shall not be permitted to enter into a lease with a new third party tenant until such time as Landlord has notified Evolent of the existence of such new third party tenant and Evolent has failed to exercise its right to lease the Hold applicable portion of the ROFN Space Premises within the aforementioned five (5) business day period following such notice from Landlord.

Notice; Exercise. (1) In order to exercise its right to lease the Second Hold Space Premises, Evolent shall provide Landlord with written notice on or before the Notice Outside Date, which notice from Evolent shall state therein (i) Evolent’s reasonable determination of the Prevailing Market Rent for the Premises for the Short Term Extension Period, and (ii) Evolent’s reasonable determination of the Prevailing Market Rent for the Second Hold Space Premises, and (iii) the number of square feet of rentable area that Evolent desires to lease pursuant to this Section 45, provided that in no event shall the number of square feet of area comprising the Second Hold Space Premises be less than 14,560 14,550 rentable square feet of area. If Evolent shall fail to exercise its option to lease the Second Hold Space Premises on or before the Notice Outside Date, then Landlord shall be free to offer to lease and to lease such space on the sixth seventh (6th7th) floor to others and Evolent’s right to lease said Second Hold Space Premises shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one-time right as to such Second Hold Space Premises), and Landlord may lease said Second Hold Space Premises to others under such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in Evolent’s delivery of the aforesaid notice to Landlord and that, if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Evolent’s failure to give such written notice). (2) Notwithstanding the foregoing, in the event that Landlord receives from a third party prospective tenant a response to a proposal for space on the sixth seventh (6th7th) floor of the Building which would encumber all or any portion of the Second Hold Space Premises and which is on terms that Landlord is willing to accept, then Landlord shall provide written notice to Evolent of the existence of such prospective third party tenant, in which event, if Evolent wishes to lease the Hold Space, Evolent shall give to Landlord written notice of Evolent’s exercise of its option to so lease the Second Hold Space Premises within five (5) business days after the date on which Landlord gives written notice to Evolent of such prospective third party tenant, and such written notice from Evolent shall set forth therein the number of rentable square feet comprising the Second Hold Space Premises, provided that in no event shall the Second Hold Space Premises leased by Evolent pursuant to this Section 45.B.(248.B. (2) comprise less than 14,560 14,550 rentable square feet of area. If Evolent fails to exercise its option to lease the Second Hold Space Premises within said five (5) days after the date of such notice from Landlord of the existence of a prospective third party tenant, then (i) Landlord shall be free to enter into a lease with such third party tenant upon terms and conditions acceptable to Landlord in its sole and absolute discretion, and (ii) if there still exists at least 14,560 14,550 rentable square feet of area available on the sixth seventh (6th7th) floor of the Building, Evolent’s rights set forth in this Section 45 48 with respect to any portion of the Second Hold Space Premises which is not the subject of such lease with such third party tenant shall remain in full force and effect through and including the Notice Outside Date as set forth above. In the event that Landlord and such third party tenant do enter into a lease for space on the sixth seventh (6th7th) floor of the Building, and if there does not thereafter exist at least 14,560 14,550 rentable square feet of area available on the sixth seventh (6th7th) floor of the Building, then Evolent’s right to lease any further space on the sixth seventh (6th7th) floor of the Building shall be subject to the terms and conditions of Section 46 hereof (captioned “‘Right of First Notice Space”’). In the event that Landlord and such third party tenant do not enter into a lease, then Landlord shall not be permitted to enter into a lease with a new third party tenant until such time as Landlord has notified Evolent of the existence of such new third party tenant and Evolent has failed to exercise its right to lease the Second Hold Space Premises within the aforementioned five (5) business day period following such notice from Landlord. (3) Notwithstanding anything to the contrary contained in this Section 48 or in this Lease, Evolent hereby agrees that its right to lease the Second Hold Space Premises is subject to Landlord’s determination, in Landlord’s sole and absolute discretion, as to whether the lease of the Second Hold Space Premises to Evolent is economically desirable for Landlord and any of its existing or prospective investors. In furtherance of the foregoing, Evolent hereby agrees that together with any notice provided by Evolent exercising its option to lease the Second Hold Space Premises, Evolent shall also provide to Landlord Evolent’s most recent financial statement in the form required by Section 32.M. of this Lease. Following Landlord’s review of such financial statement, or in the event that Evolent fails to timely provide such financial statement to Landlord, in either case, Landlord shall have the right, in its sole and absolute discretion, to terminate Evolent’s right to lease the Second Hold Space Premises, in which event Evolent’s right to lease said Second Hold Space Premises shall be void and of no force or effect for the remainder of the Term of this Lease, and Landlord may lease said Second Hold Space Premises to others under such terms and for such periods as shall be acceptable to Landlord. Nothing in this Paragraph 48 (B)(3) shall be in derogation of Evolent’s rights pursuant to Section 44 of the Lease.

Notice; Exercise. During the eighteen (118)-month period immediately following the Commencement Date ("Expansion Rights Period"), Landlord shall give Tenant written notice (the "Offer Notice") In order to exercise of its right intention to lease all or any portion of the Hold Expansion Space (hereinafter defined) within five (5) days prior to the full execution and delivery of a letter of intent between Landlord and a third party with respect to the proposed leasing of such space ("Third Party Letter"). If the Offer Notice pertains to less than all of the Expansion Space, the Offer Notice shall set forth in reasonable detail the size and specific location of such portion of the Expansion Space. Should Tenant so elect, Tenant shall give written notice to Landlord of its intention to lease not less than all of the Expansion Space identified in the Offer Notice ("Tenant's Notice") not more than five (5) days after receipt by Tenant of the Offer Notice, in which case Landlord and Tenant shall promptly enter into an amendment to this Lease adding such Expansion Space to the Premises, Evolent adjusting Tenant's Proportionate Share to reflect such addition and providing for the term of the lease of such space to expire on the Expiration Date. All other terms and conditions of this Lease shall provide Landlord apply to any Expansion Space leased by Tenant, including without limitation the provisions hereof with written notice on or before respect to Rent and Additional Rent so that at all times Tenant will be paying the Notice Outside Date, which notice from Evolent shall state therein same Rent and Additional Rent per square foot for the number of Expansion Space as Tenant is paying per square feet of rentable area that Evolent desires to lease pursuant to this Section 45, provided that in no event shall foot for the number of square feet of area comprising the Hold Space Premises be less than 14,560 rentable square feet of areaoriginal Premises. If Evolent Tenant shall fail to exercise its option to lease the Hold Expansion Space Premises within five (5) days of the date on or before which Landlord gives the Offer Notice Outside Dateto Tenant, then Landlord shall be free to offer to lease and to lease such space on the sixth (6th) floor Expansion Space to others and Evolent’s right to lease said Hold Space Premises shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one-time right as to such Hold Space Premises), and Landlord may lease said Hold Space Premises to others under on such terms and for such periods conditions as shall be acceptable to Landlord (it being agreed that time shall be of the essence in Evolent’s delivery of the aforesaid notice to Landlord and that, if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Evolent’s failure to give such written notice). (2) Notwithstanding the foregoing, in the event that Landlord receives from a third party prospective tenant a response to a proposal for space on the sixth (6th) floor of the Building which would encumber all or any portion of the Hold Space Premises and which is on terms that Landlord is willing to accept, then Landlord shall provide written notice to Evolent of the existence of such prospective third party tenant, in which event, if Evolent wishes to lease the Hold Space, Evolent shall give to Landlord written notice of Evolent’s exercise of its option to so lease the Hold Space Premises within five (5) business days after the date on which Landlord gives written notice to Evolent of such prospective third party tenant, and such written notice from Evolent shall set forth therein the number of rentable square feet comprising the Hold Space Premises, provided that in no event shall the Hold Space Premises leased by Evolent pursuant to this Section 45.B.(2) comprise less than 14,560 rentable square feet of area. If Evolent fails to exercise its option to lease the Hold Space Premises within said five (5) days after the date of such notice from Landlord of the existence of a prospective third party tenant, then (i) Landlord shall be free to enter into a lease with such third party tenant upon terms and conditions acceptable to Landlord determines in its sole and absolute discretion. As used herein, the term "Expansion Space" shall mean and refer to the approximately seven thousand five hundred (ii7,500) if there still exists at least 14,560 rentable square feet of rentable area available located immediately adjacent to the Premises on the sixth first (6th) floor of the Building, Evolent’s rights set forth in this Section 45 with respect to any portion of the Hold Space Premises which is not the subject of such lease with such third party tenant shall remain in full force and effect through and including the Notice Outside Date as set forth above. In the event that Landlord and such third party tenant do enter into a lease for space on the sixth (6th) floor of the Building, and if there does not thereafter exist at least 14,560 rentable square feet of area available on the sixth (6th) floor of the Building, then Evolent’s right to lease any further space on the sixth (6th1st) floor of the Building shall be subject to the terms as shown and conditions of Section 46 hereof (captioned “Right of First Notice Space”). In the event that Landlord and such third party tenant do not enter into a lease, then Landlord shall not be permitted to enter into a lease with a new third party tenant until such time as Landlord has notified Evolent of the existence of such new third party tenant and Evolent has failed to exercise its right to lease the Hold Space Premises within the aforementioned five (5) business day period following such notice from Landlorddepicted on Exhibit A-2 hereto.

Notice; Exercise. Tenant shall give to Landlord notice of Tenant’s exercise of its option to so lease the Expansion Space which (i) as to Expansion Space #1, shall be given by the later to occur of the date which occurs one (1) In order year prior to exercise its right to lease the Hold date identified as the Expansion Space Premises, Evolent shall provide Commencement Date for Expansion Space #1 in the corresponding notice delivered by Landlord with written notice on or before the Notice Outside Date, which notice from Evolent shall state therein the number of square feet of rentable area that Evolent desires to lease pursuant to this Section 4541.B(i) above, provided that and (2) the date which occurs ten (10) months after the date upon which Tenant receives Landlord’s corresponding notice for Expansion Space #1 delivered in no event accordance with Subsection 41.B(1) above; and (ii) as to Expansion Space #2, shall be given by the number later to occur of square feet of area comprising (1) the Hold date which occurs one (1) year prior to the date identified as the Expansion Space Premises be less than 14,560 rentable square feet of areaCommencement Date for Expansion Space #2 in the corresponding notice delivered by Landlord to Tenant in accordance with Subsection 41.B (i) above, and (2) the date which occurs ten (10) months after the date upon which Tenant receives Landlord’s corresponding notice for Expansion Space #2 delivered in accordance with Subsection 41.B(i) above. If Evolent shall fail Tenant does not timely give any such notice to exercise its option to lease the Hold Space Premises on or before the Notice Outside DateLandlord, then Landlord shall be free to offer to lease and to lease such space on Expansion Space #1 or Expansion Space #2, as the sixth (6th) floor case may be, to others and EvolentTenant’s right to lease said Hold Expansion Space Premises Option for Expansion Space #1 or Expansion Space #2, as the case may be, shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one-time right as to such Hold Space Premises), and Landlord may lease said Hold Expansion Space Premises #1 or Expansion Space #2, as the case may be, to others under such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in EvolentTenant’s delivery of each of the aforesaid notice notices to Landlord and that, if any such written notice is not so delivered within in the time aforesaid, Landlord will rely to its detriment on EvolentTenant’s failure to give such written notice). . Notwithstanding anything to the contrary contained in this Lease, (2x) Notwithstanding Tenant’s failure to exercise any Expansion Space Option pursuant to this Section 41 shall not affect its right to exercise any subsequent Expansion Space Option, and (y) Tenant may only exercise the foregoingExpansion Space Option for Expansion Space #2 if Tenant has either waived or failed to timely exercise its right to terminate this Lease effective as of the last day of the seventh (7th) Lease Year pursuant to Section 49 below, in the event that Landlord receives from a third party prospective tenant a response and Tenant has either waived or failed to timely exercise its right to terminate this Lease with respect to a proposal for space on the sixth (6th) floor of the Building which would encumber all or any portion of the Hold Premises effective as of the last day of the seventh (7th) Lease Year pursuant to Section 50 below. If a Material Default exists at the time Tenant delivers to Landlord notice of Tenant’s exercise of an Expansion Space Premises and which is on terms that Landlord is willing to acceptOption, then Landlord shall provide written notice may elect to Evolent of the existence of such prospective third party tenant, in which event, if Evolent wishes to lease the Hold Space, Evolent shall give to Landlord written notice of Evolentinvalidate Tenant’s exercise of its option the subject Expansion Space Option by delivering notice to so lease the Hold Space Premises Tenant within five (5) business days after Landlord’s receipt of Tenant’s notice of exercise. If such invalidation notice (i) is timely and properly delivered by Landlord to Tenant in accordance with the date on which Landlord gives written notice to Evolent terms of such prospective third party tenantthis Lease, (ii) describes the subject Material Default in reasonable detail, and such written notice from Evolent shall set forth therein the number of rentable square feet comprising the Hold Space Premises, provided (iii) states that in no event shall the Hold Space Premises leased by Evolent Landlord has elected pursuant to that notice and the terms of this Section 45.B.(2) comprise less than 14,560 rentable square feet 41, to invalidate Tenant’s exercise of areathe subject Expansion Space Option, then Tenant’s notice of exercise of the subject Expansion Space Option shall be invalid; provided, however, such invalidation shall not prevent Tenant from later exercising an Expansion Space Option through the last day permitted for the same under this Section 41. If Evolent fails to exercise its option to lease the Hold Space Premises within said five (5) days after the date of Landlord does not timely and properly deliver any such notice from Landlord of invalidation to Tenant during the existence of a prospective third party tenantMaterial Default, then (i) Landlord Tenant’s prior exercise of the subject Expansion Space Option shall remain valid and in effect. It is agreed that time shall be free to enter into a lease with such third party tenant upon terms and conditions acceptable to Landlord in its sole and absolute discretion, and (ii) if there still exists at least 14,560 rentable square feet of area available on the sixth (6th) floor of the Building, Evolentessence in Landlord’s rights set forth delivery of an invalidation notice to Tenant in accordance with this Section 45 with respect to any portion of the Hold Space Premises which is not the subject of such lease with such third party tenant shall remain in full force and effect through and including the Notice Outside Date as set forth above. In the event that Landlord and such third party tenant do enter into a lease for space on the sixth (6th) floor of the Building41, and if there does any such notice is not thereafter exist at least 14,560 rentable square feet of area available on the sixth (6th) floor of the Building, then Evolent’s right to lease any further space on the sixth (6th) floor of the Building shall be subject to the terms so timely and conditions of Section 46 hereof (captioned “Right of First Notice Space”). In the event that Landlord and such third party tenant do not enter into a lease, then Landlord shall not be permitted to enter into a lease with a new third party tenant until such time as Landlord has notified Evolent of the existence of such new third party tenant and Evolent has failed to exercise its right to lease the Hold Space Premises properly delivered within the aforementioned five (5) business day period following specified above, Tenant will rely to its detriment on Landlord’s failure to give such notice from Landlordnotice.

Notice; Exercise. (1) In order Following receipt of an Availability Notice, Tenant shall give to Landlord binding written notice of Tenant’s exercise of its right option to so lease the Hold Available ROFO Space Premiseswithin fifteen (15) business days after the Tenant’s receipt of the Availability Notice (an “Acceptance Notice”). The parties shall work in good faith to agree on the Prevailing Market Rent for thirty (30) days after Xxxxxx’s exercise of its option hereunder, Evolent failing which the parties shall provide Landlord proceed to the Baseball Arbitration Method to determine the Prevailing Market Rent (as defined in Section 27.2) for the Available ROFO Space in accordance with written notice on or before the Notice Outside Date, which notice from Evolent shall state therein same terms and procedure set forth in Section 27.2 with respect to the number determination of square feet of rentable area that Evolent desires to lease pursuant to this Section 45, provided that in no event shall the number of square feet of area comprising Prevailing Market Rent for the Hold Space Premises be less than 14,560 rentable square feet of areaExtension Period. If Evolent Tenant shall fail to exercise its option to lease the Hold Available ROFO Space Premises within said fifteen (15) business days after the date on or before the Notice Outside Datewhich Landlord’s Offer is so given by Landlord, then Landlord shall be free to offer to lease and to lease such space on the sixth (6th) floor Available ROFO Space to others and EvolentTenant’s right to lease said Hold the offered Available ROFO Space Premises shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one-time right as to such Hold Space Premises)effect, and Landlord may lease said Hold Space Premises to others under such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in Evolent’s delivery of the aforesaid notice to Landlord and provided that, if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Evolent’s failure to give such written notice). (2) Notwithstanding notwithstanding the foregoing, in if (x) the event that Landlord receives from Available ROFO Space is not leased to a third party prospective tenant a response to a proposal for space on by the sixth date that is six (6th6) floor of the Building which would encumber all or any portion of the Hold Space Premises and which is on terms that Landlord is willing to accept, then Landlord shall provide written notice to Evolent of the existence of such prospective third party tenant, in which event, if Evolent wishes to lease the Hold Space, Evolent shall give to Landlord written notice of Evolent’s exercise of its option to so lease the Hold Space Premises within five (5) business days months after the date on which Landlord gives written notice to Evolent of such prospective third party tenant, and such written notice from Evolent shall set forth therein the number of rentable square feet comprising the Hold Space Premises, provided that in no event shall the Hold Space Premises leased by Evolent pursuant to this Section 45.B.(2) comprise less than 14,560 rentable square feet of area. If Evolent fails to exercise its option to lease the Hold Space Premises within said five (5) days after the date of such notice from Landlord of the existence of a prospective third party tenant, then (i) Landlord shall be free to enter into a lease with such third party tenant upon terms and conditions acceptable to Landlord in its sole and absolute discretion, and (ii) if there still exists at least 14,560 rentable square feet of area available on the sixth (6th) floor of the Building, Evolent’s rights set forth in this Section 45 with respect to any portion of the Hold Space Premises which is not the subject of such lease with such third party tenant shall remain in full force and effect through and including the Notice Outside Date as set forth above. In the event that Landlord and such third party tenant do enter into a lease for space on the sixth (6th) floor of the Building, and if there does not thereafter exist at least 14,560 rentable square feet of area available on the sixth (6th) floor of the Building, then Evolent’s right to lease any further space on the sixth (6th) floor of the Building shall be subject to the terms and conditions of Section 46 hereof (captioned “Right of First Notice Space”). In the event that Landlord and such third party tenant do not enter into a lease, then Landlord shall not be permitted to enter into a lease with a new third party tenant until such time as Landlord has notified Evolent of the existence of such new third party tenant and Evolent has Tenant failed to exercise its right ROFO with respect to such Available ROFO Space (unless Landlord is then actively negotiating with a third party for the lease of such Available ROFO Space, in which event such six-month period shall be extended during the pendency of such negotiations, or (y) Landlord elects to change the size or configuration of the Available ROFO Space, then, in either case, Landlord shall provide Tenant with another Availability Notice and an opportunity to lease such Available ROFO Space (or multiple Available ROFO Spaces, as the Hold Space Premises within the aforementioned five (5case may be) business day period following such notice from Landlordpursuant to this Article XXIX.