The smaller tenant is “clout challenged” when it comes to dealing with landlord’s onerous, one-sided lease forms. Sending a 300 comment memo will not advance tenant’s cause—in fact, may well backfire; tenant (unfairly) being branded as a troublemaker. And that goes for legal counsel, too!

The objective of this CLE program is to discuss strategic analysis of the lease form and isolate those very significant legal and business provisions which have the greatest impact on the retail and restaurant tenant.

Topics include:

• Definition of Premises
• Use
• Landlord’s work letter/abatements
• Escalations
• Assignment and sublet—exit strategies
• Special Zoning and Permits Issues (liquor licenses)
• The Shopping Center Dictionary—co-tenancy—go-dark-CAM charges, radius clauses and the like
• Restaurant operations issues (odors, grease traps and the like)
• Security/Guaranties—esp. good guy guaranties