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Who should attend Commercial Leases: Negotiating Key Provisions
This basic-to-intermediate level seminar is geared towards professionals involved in negotiating commercial leases: Attorneys, In-House Counsel, Business Owners, Landlords and Property Managers, Other Real Estate Professionals
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This basic-to-intermediate level seminar is geared towards professionals involved in negotiating commercial leases: Attorneys, In-House Counsel, Business Owners, Landlords and Property Managers, Other Real Estate Professionals

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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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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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