OR OTHER
ASSIGNEE OR TRANSFEREE OF TENANT'S INTEREST IN THE LEASE) IF THE ORIGINAL
TENANT, OR SUCH AFFILIATE ASSIGNEE, AS THE CASE MAY BE, HAS NOT ASSIGNED THIS
LEASE, OR SUBLEASED (OTHER THAN SUBLEASES TO AFFILIATES OR BUSINESS AFFILIATES
PURSUANT TO SECTIONS 14.6 AND 14.7 BELOW) MORE THAN THIRTY-FOUR PERCENT (34%) OF
THE RENTABLE SQUARE FEET OF THE ORIGINAL PREMISES AT THE TIME TENANT DELIVERS
TENANT'S ELECTION NOTICE TO LANDLORD.
AT LANDLORD'S OPTION, IN ADDITION TO
LANDLORD'S OTHER REMEDIES SET FORTH IN THIS LEASE, TENANT SHALL NOT HAVE THE
RIGHT TO LEASE THE APPLICABLE FIRST OFFER SPACE, AS PROVIDED IN THIS
SECTION 1.4, IF, AS OF THE DATE OF THE ATTEMPTED EXERCISE OF SUCH RIGHT OF FIRST
OFFER BY TENANT, OR AS OF THE SCHEDULED DATE OF DELIVERY OF SUCH FIRST OFFER
SPACE TO TENANT, TENANT IS IN MONETARY OR MATERIAL NON-MONETARY DEFAULT UNDER
THIS LEASE AFTER THE EXPIRATION OF ANY APPLICABLE NOTICE AND CURE PERIOD.
ARTICLE 2
LEASE TERM
2.1
LEASE TERM.
THE TERMS AND PROVISIONS OF THIS LEASE SHALL BE
EFFECTIVE AS OF THE DATE OF THIS LEASE EXCEPT FOR THE PROVISIONS OF THIS LEASE
RELATING TO THE PAYMENT OF RENT.
THE TERM OF THIS LEASE (THE "LEASE TERM")
SHALL BE AS SET FORTH IN SECTION 7.1 OF THE SUMMARY AND SHALL COMMENCE ON THE
DATE (THE "LEASE COMMENCEMENT DATE") SET FORTH IN SECTION 7.2 OF THE SUMMARY
SUBJECT, HOWEVER, TO THE TERMS OF THE TENANT WORK LETTER, AND SHALL TERMINATE ON
THE DATE (THE "LEASE EXPIRATION DATE") SET FORTH IN SECTION 7.3 OF THE SUMMARY,
UNLESS THIS LEASE IS SOONER TERMINATED AS HEREINAFTER PROVIDED, OR EXTENDED
PURSUANT TO THE EXTENSION OPTION RIDER ATTACHED HERETO.
FOR PURPOSES OF THIS
LEASE, THE TERM "LEASE YEAR" SHALL MEAN EACH CONSECUTIVE TWELVE (12) MONTH
PERIOD DURING THE LEASE TERM, PROVIDED THAT THE LAST LEASE YEAR SHALL END ON THE
LEASE EXPIRATION DATE.
2.2
BENEFICIAL OCCUPANCY.
TENANT SHALL HAVE THE RIGHT TO OCCUPY AND
COMMENCE BUSINESS OPERATIONS IN ALL OR ANY PORTIONS OF THE PREMISES AT ANY TIME
AFTER LANDLORD HAS DELIVERED THE PREMISES TO TENANT BUT PRIOR TO THE LEASE
COMMENCEMENT DATE (THE "EARLY OCCUPANCY PERIOD"), PROVIDED THAT:
(I) A
TEMPORARY CERTIFICATE OF OCCUPANCY OR ITS EQUIVALENT SHALL HAVE BEEN ISSUED BY
THE APPROPRIATE GOVERNMENTAL AUTHORITIES FOR THE PREMISES PERMITTING TENANT TO
LEGALLY OCCUPY SUCH PORTION OF THE PREMISES; AND (II) DURING ANY SUCH OCCUPANCY
OF AND BUSINESS OPERATIONS WITHIN THE PREMISES BY TENANT PRIOR TO THE LEASE
COMMENCEMENT DATE, ALL OF THE TERMS AND CONDITIONS OF THIS LEASE SHALL APPLY
(INCLUDING, WITHOUT LIMITATION, TENANT'S OBLIGATION TO PAY, PURSUANT TO
SECTIONS 6.1.7 AND 6.2 BELOW, FOR THE COST OF UTILITIES CONSUMED IN CONNECTION
WITH ANY SUPPLEMENTAL EQUIPMENT LOCATED IN OR SERVING THE PREMISES, AND ANY
OVER-STANDARD UTILITIES AND SERVICES PROVIDED TO AND/OR CONSUMED IN THE
PREMISES) AS THOUGH THE LEASE COMMENCEMENT DATE HAD OCCURRED, ALTHOUGH THE LEASE
COMMENCEMENT DATE SHALL NOT ACTUALLY OCCUR UNTIL THE DATE SET FORTH IN
SECTION 7.2 OF THE SUMMARY; PROVIDED, HOWEVER, DURING SUCH EARLY OCCUPANCY
PERIOD,