BAY AND/OR OTHER
PORTION OF THE LEASED PREMISES. HOWEVER, TENANT MAY ELECT TO TAKE POSSESSION OF
SAID SPACE PRIOR TO THE
14
CORRECTION OF THE MATERIAL DEFICIENCIES, AND AUTHORITY SHALL CORRECT SAID
MATERIAL DEFICIENCIES WITHIN FIFTEEN (15) DAYS OF TENANT TAKING POSSESSION OF
SAID SPACE.
IF TENANT CHOOSES NOT TO TAKE POSSESSION DUE TO SUCH NOTED MATERIAL
DEFICIENCIES, TENANT MUST TAKE POSSESSION OF THAT SPACE ONCE THE AUTHORITY
CORRECTS THE MATERIAL DEFICIENCIES, PROVIDED THAT THE REQUESTED ACTIVATION DATE
HAS PASSED. UPON TENANT TAKING POSSESSION OF SAID SPACE, TENANT SHALL BE DEEMED
TO OCCUPY SUCH SPACE UNTIL DE-OCCUPYING SUCH SPACE PURSUANT TO
PARAGRAPH (D) BELOW.
ONCE THE BAY OR OTHER PORTION OF THE LEASED PREMISES HAS
BEEN ACTIVATED, THE AUTHORITY SHALL HAVE NO FURTHER OBLIGATIONS WITH RESPECT TO
THAT ACTIVATED BAY OR OTHER PORTION OF THE LEASED PREMISES EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS LEASE.
(D)
TENANT SHALL HAVE THE RIGHT AT ANY TIME, UPON
NOT FEWER THAN SIXTY (60) DAYS' PRIOR WRITTEN NOTICE TO THE AUTHORITY, TO
DE-OCCUPY A PARTICULAR PORTION OF THE LEASED PREMISES. TENANT SHALL SPECIFICALLY
IDENTIFY IN ITS WRITTEN NOTICE WHICH PORTIONS OF THE LEASED PREMISES THAT TENANT
IS DE-OCCUPYING, AND WHAT THE DATE OF DE-OCCUPATION WILL BE.
HOWEVER, THE DATE
SPECIFIED IN TENANT'S WRITTEN NOTICE AS THE DATE OF DE-OCCUPATION MAY NOT BE
FEWER THAN SIXTY (60) DAYS AFTER THE DATE TENANT DELIVERS THE WRITTEN NOTICE OF
DE-OCCUPATION TO THE AUTHORITY, AND TENANT MAY NOT DELIVER A NOTICE OF
DE-OCCUPATION TO THE AUTHORITY WITH RESPECT TO A PARTICULAR PORTION OF THE
LEASED PREMISES UNTIL TENANT HAS OCCUPIED THAT PORTION OF THE LEASED PREMISES
(AND PAID BASE RENT AND ADDITIONAL RENT TO THE AUTHORITY THEREFOR) FOR AT LEAST
ONE FULL CALENDAR MONTH. TENANT SHALL ALWAYS OCCUPY AT LEAST THE MINIMUM AMOUNT
OF LEASED PREMISES TO ENABLE TENANT TO SATISFY THE MINIMUM MONTHLY RENT
REQUIREMENTS SET FORTH IN SECTIONS 601(A) AND (B) OF THIS LEASE. WITH RESPECT TO
TENANT'S DE-OCCUPATION OF ACTIVATED SPACE, TENANT MAY NOT DE-OCCUPY LESS THAN
ALL OF A BAY AND ITS RELATED SPACE. WITH RESPECT TO ANY EXPANSION AREA AS TO
WHICH TENANT HAS EXERCISED ITS EXPANSION OPTION PURSUANT TO SECTION 401 BELOW,
TENANT MAY NOT DE-OCCUPY THAT EXPANSION AREA. IF TENANT EXERCISES ITS RIGHT OF
FIRST REFUSAL AS TO ANY AVAILABLE SPACE PURSUANT TO SECTION 2105 BELOW, TENANT
MUST OCCUPY THAT AVAILABLE SPACE FOR AT LEAST TWELVE (12) CONSECUTIVE CALENDAR
MONTHS AND MAY NOT DE-OCCUPY THAT AVAILABLE SPACE UNTIL IT HAS OCCUPIED IT FOR
AT LEAST TWELVE (12) CONSECUTIVE CALENDAR MONTHS. UPON THE EFFECTIVE DATE OF THE
DE-OCCUPATION, TENANT SHALL RETURN POSSESSION OF THE DE-OCCUPIED SPACE TO THE
AUTHORITY, TOGETHER WITH ALL EQUIPMENT THAT THE AUTHORITY PROVIDED TO TENANT IN
CONNECTION WITH THE AUTHORITY'S ACTIVATION OF THAT SPACE (OR THAT WAS OTHERWISE
FURNISHED BY THE AUTHORITY TO TENANT FOR TENANT'S USE IN CONNECTION WITH THAT
DE-OCCUPIED SPACE). UPON THE DATE OF DE-OCCUPATION, THE AUTHORITY SHALL HAVE THE
RIGHT, AT THE AUTHORITY'S OPTION, TO RESTRICT TENANT FROM ACCESSING AND ENTERING
INTO THAT