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Commercial Leases: Negotiating Key Provisions

March 3, 2014

MARCH 3, 2014
NEWARK, NEW JERSEY
9:00 am – 4:30 pm
MATERIALS DUE: JANUARY 14, 2014

Morning Session

Insurance Clauses in Commercial Leases (Gross and Net)

  • 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


  • Environmental Requirements Impacting Commercial Leases
  • Hazardous Materials Prohibition and Indemnity
  • Common Environmental Provisions in Leases

How Bankruptcy Affects the Lease

  • Fire or Casualty Insurance (All-Risk)
  • Public Liability Insurance

Afternoon Session


Negotiating Retail Shopping Center and Office Building Leases
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 for Build-to-Suit Buildings
Construction and Occupancy: Landlord and Tenant Obligations
Provisions Related to the Financing of the Building Construction
Unique Issues with Mixed-Use Leasing

 

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