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Commercial Leasing Law & Strategy

May 2008

Bridging the Gap: Concepts Useful in Negotiating Commercial Leases

By Myles Hannan

Some of the more contentious provisions in commercial leases have to do with the landlord’s right to recapture the leased premises upon an assignment or sublease; relocation of the tenant to other space; co-tenancy; netting of expenses; and acceleration of rent upon a default. Often the parties will be at loggerheads over these provisions and pessimistic that their differences can be bridged. However, there are concepts that can serve to bridge the gap, and this article discusses some of them in the context of those types of lease provisions.

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