Training Course Syllabus:

Top Commercial Lease Provisions  

Utilize Commercial Lease Clauses in Your Favor  

Are you tired of being tripped-up by complicated commercial lease provisions? Are your transactions getting derailed because both parties can't agree to the terms? Or do you simply want a more in-depth understanding of how to utilize lease provisions in order to create contracts that benefit your client and also protect them from future costly litigation? If your answer to any of these questions is yes, then this is the program for you! Don't just go over broad leasing basics, dive into the intricate leasing provisions that can make or break your commercial leases. Register today.

• Know the legal issues and lease terms less experienced attorneys, real estate professionals and business owners won't know to negotiate.
• Learn proven tactics for negotiating CAM/operating expenses and annual rent increases.
• Negotiate co-tenancy issues and help ensure your client is prepared for any inadvertent business implications.
• Recognize how force majeure clauses can shield landlord or tenant liability from “acts of God”.
• Identify insurance coverage limitations and unreasonable coverage requirements.
• Know when a waiver of subrogation is necessary for your client.
• Understand how an inaccurate space description can negatively impact your option to expand.
• Identify the rights a landlord has in regards to tenant relocations.
• Ensure your client does not inadvertently pay superfluous rent after a lease has expired.
• Find out what key assignment and subletting terms you need to fight for.
• Explore the responsibilities and issues associated with environmental and employment laws.
• Study the bankruptcy considerations to keep in mind when negotiating lease terms.

1. Operating Expenses/Common Area Maintenance
   9:00 - 9:40, Edward S. Radzely
   
   1. Expenses Stop Lease
   2. Base Year Lease
   3. Net Lease
   4. Operating and CAM Expense Exclusions
   5. “Gross-Up” Clause
   6. Caps on Expenses Passed on to Tenants
   7. Annual Increases
   8. Audit Rights
2. Co-Tenancy
   9:40 - 10:15, Edward S. Radzely
   
   1. Phases of Co-Tenancy
      1. Lease-Up Period
      2. Opening of a Project
      3. Life of the Lease
         1. Tied to a Specific Tenant or to a Percentage of Occupancy?
   2. Defining Satisfactory Replacement Tenants
   3. Co-Tenancy Remedies
      1. Alternative Rent
      2. Termination Remedies
3. Disaster Preparedness and Casualty Restorations
   10:30 - 11:00, Nicholas M. Insua
   
   1. Repair Time and Tenancy
   2. Force Majeure Clauses
   3. Temporary Rent Abatements
   4. Casualty Clauses
   5. Repair and Maintenance Obligations
   6. Termination/Delay/Default Provisions
4. Insurance and Indemnities
   11:00 - 11:40, Nicholas M. Insua
   
   1. Insurance Needs
   2. Exculpation Clause
   3. Third-Party Claims
   4. Property Insurance and Casualty Provisions
      1. Who Maintains?
      2. Type of Policy
      3. Policy Limits and Deductibles
      4. Endorsements and Extensions
      5. Casualty Provisions
   5. Liability Insurance
      1. Policy Requirements
      2. Policy Limits and Deductibles
      3. Additional Insured Endorsements
      4. Coordination with Indemnities
   6. Specialized Insurance
   7. Indemnities
   8. Releases and Waivers of Claims
   9. Essential Elements of the Waiver of Claims
   10. Waiver of Subrogation
   11. Negligence Exceptions
5. Option to Expand
   11:40 - 12:20, Edward S. Radzely
   
   1. Rights of First Refusal and Rights of First Offer
   2. Space Descriptions
   3. Rent Agreement
   4. Time Period to Exercise Option
6. Relocation Clauses
   1:20 - 2:00, Edward S. Radzely
   
   1. Payment for Expenses
   2. New Space Requirements
   3. Limiting the Number of Relocations
   4. Expansion and Relocation Complications
7. Holdover Provisions
   2:00 - 2:15, Joseph F. Behot Jr.
   
8. Assignment and Subletting
   2:15 - 2:55, Joseph F. Behot Jr.
   
   1. What Constitutes an Assignment or Sublet?
   2. Preparing for Future Changes
   3. Defining the Approval Process
9. Compliance With Laws
   3:10 - 3:50, Joseph F. Behot Jr.
   
   1. Environmental Laws
   2. Industry Specifics
   3. State Laws
   4. ADA Compliance
   5. Building Code Compliance
   6. Newly Passed Laws: Who is Responsible?
10. Termination Clauses
    3:50 - 4:30, Nicholas M. Insua
    
    1. Conditional Limitations vs. Condition Subsequent
    2. Breach of Contract
    3. Bankruptcy of Tenant
    4. Defining the Termination Procedures
       1. Notice of Default

Seminar Summary:

Don't just go over broad leasing basics, dive into the intricate leasing provisions that can make or break your commercial leases. (see full course description)

print this agenda