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.
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
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