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Noncompete Agreements - Traps for the Unwary: Part 1
Roadmap to Joint Venture Agreements: Legal and Accounting Considerations
Government Contracting Phase One: Transitioning From Commercial to Government Work
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In another significant win for commercial landlords, an Ohio Court of Appeals recently affirmed the enforceability of a lease provision allowing a landlord to recover accelerated rent without any duty to mitigate damages. In...more
A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell....more
If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more
As all restaurateurs know, a good location is an essential ingredient in any recipe for long-term success. But controlling costs is also a key factor. Renting your location—rather than actually purchasing real estate...more
In our ongoing series of blog posts, we have been examining several key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions that will protect tenants...more
In our ongoing series of blog posts, we will look at several key negotiating points for tenants in triple net health care leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more
In triple net office leases, tenants are required to reimburse landlords for a portion of the building’s overall operating expenses. These expenses cover the costs of operating and maintaining a commercial property. Operating...more
Operating expenses (“OpEx”) and common area maintenance fees (“CAM”) are two important items in any commercial lease, but they are often overlooked after the decision is made on how to split up these fees. Typically,...more
There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, you will often see documents...more
Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...more
Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road....more
In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more
Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more
Experienced landlords are familiar with the risks associated with a holdover tenant that does not leave the premises at the end of the lease. A holdover can prevent a new tenant from moving into the premises as scheduled and...more
Another new commercial lease case, another instance of drafting being the deciding factor. We’ve looked at cases where drafting affected guaranties, exculpatory clauses, remedies, and how to calculate renewal rent. To be...more
Real estate leasing to cannabis businesses requires more than a standard lease to ensure the relationship goes smoothly and that both parties get what they expect. There are a number of unique clauses to consider in drafting...more
While the primary focus in drafting real estate documents is to ensure that the substance of the document captures the intent of the parties, this should not be the drafter’s only focus. For example details often considered...more
Many of the topics we cover in this space ultimately come down to problems in drafting. Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more
Most retailers and landlords will have seen the recent announcement by Loblaws wherein they stated that they were going to start selling fresh food in certain Shoppers Drug Mart locations, the perfect example of the evolution...more
Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more
As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the...more
Landlords use lease assignment provisions to maintain control over the quality, composition, and financial capability of their tenants. However, assignment provisions can have a chilling effect on a corporate tenant’s...more