"If NYC Consent is not received within five (5) months of [Royal's] delivery of the executed Sublease to Urban . . . Royal has the right, in its sole and absolute discretion, to terminate this Sublease and retain the Security Deposit as a fee for Royal having refrained from offering the Premises for sublease to another party and having not received any rent during the five (5) month period. If this Sublease is terminated as provided for herein, Royal shall [*8]return the original Guaranty to [Urban]." (See Doc No. 8 at 35 [emphasis added].)
The rider changed two material terms from the original section 2.3 (B). First, it extended the time for Royal to terminate from 60 days to five months, i.e., to November 11, 2015. Second, the rider changed the consequence of Royal exercising its option to terminate—instead of both the security deposit and guaranty being returned to Urban, under the rider, only the guaranty would be returned to Urban.
In this case, Urban, not Royal, purported to terminate the sublease on the ground that the City did not provide consent and sought return of its security deposit. As Royal correctly contends, Urban had no such right and did so before the{**53 Misc 3d at 460} November 11, 2015 deadline. In Royal's view, Urban is attempting to rewrite the sublease and recoup the security deposit prior to the expiration of the five-month period. The sublease does not permit this.