Training Course Syllabus:

Gain an Edge Over the Other Side of the Table

How do you effectively negotiate a commercial lease in today´s market to avoid standard language pitfalls? This practical, how-to seminar examines the key provisions to address – from insurance clauses and environmental liabilities to operating expenses and subletting provisions. Protect the interests of your side of the table. 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.


• Find out what key assignment and subletting terms you need to fight for.


• Examine damage and destruction provisions that minimize the likelihood of future predicaments.


• Explore the responsibilities and issues associated with hazardous substance clauses and other environmental liabilities.


• Learn best practices for handling default and remedy provisions.


• Recognize insurance coverage limitations and unreasonable coverage requirements.


• Discuss the essential lease provisions needed to address the unique aspects of leasing space in mixed-use buildings.


• Study the bankruptcy considerations to keep in mind when negotiating lease terms.

MORNING SESSION

Insurance Clauses in Commercial Leases (Gross and Net)

9:00 - 10:00, Thomas Lether

• Fire or Casualty Insurance (All-Risk)


• Public Liability Insurance


• Coverage of Tenant Improvements Within the Premises


• Damage and Destruction: Timing and Rights for Rebuilding, Termination, Etc.


• Mutual Waiver of Subrogation

  Environmental Liabilities in Commercial Leases

10:00 - 10:30 and 10:45 - 11:15, Michael A. Nesteroff

• Environmental Requirements Impacting Commercial Leases


• Hazardous Materials Prohibition and Indemnity


• Common Environmental Provisions in Leases

How Bankruptcy Affects the Lease

11:15 - 2:15, George S. Treperinas

• How Bankruptcy of a Tenant Can Affect a Lease


• Bankruptcy Considerations During Lease Negotiation


• Requirements for the Assumption of Leases


• Rejection of the Lease

  AFTERNOON SESSION

Negotiating Retail Shopping Center and Office Building Leases

1:15 - 2:15 and 2:30 - 3:30, Thomas A. Barkewitz

• Fundamentals to Negotiate: Use, Term, Rent and Options to Renew/Expand


• Operating Expenses/CAM
  
  
  
  • Costs That Should be Excluded From CAM Charges
  
  
  • Caps on Expenses Passed on to Tenants
  
  
  • Annual Increases
  
  
  • Audit Rights
  
  
  
  


• Security Deposit and Letters of Credit


• Alterations and Installation of Tenant Improvements


• Lease Termination Rights


• Subletting/Tenant Transfer
  
  
  
  • Continuous Operation Provisions
  
  
  • Subletting and Assignment Terms
  
  
  • Buy Out Clause
  
  
  
  


• Default/Remedy Provisions
  
  
  
  • Events Deemed a Default
  
  
  • Remedies for Default
  
  
  • Attorneys´ Fees Clause
  
  
  
  


• Guaranties and Estoppel Certificates

Negotiating Long-Term Ground Leases

3:30 - 4:30, James S. Irby

• Construction and Occupancy: Landlord and Tenant Obligations


• Provisions Related to the Financing of the Building Construction


• Unique Issues with Mixed-Use Leasing

Seminar Summary:

This practical, how-to seminar examines the key provisions to address – from insurance clauses and environmental liabilities to operating expenses and subletting provisions. (see full course description)

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