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Exclusions from operating expenses are frequently the subject of much wrangling between landlords and tenants in lease negotiations. Many sophisticated parties will deal with such exclusions in the Letter of Intent, a method which allows the business people to focus on the issue early, rather than having the lawyers argue about it during the lease negotiation.
Highlights of the latest commercial leasing cases from around the country.
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Everyone wants to do the deal, but no one is ready to sign the lease. Zoning approvals, construction plans, financing, and a host of other issues need to be firmed up before the lease will be signed, but it is a lot of time and expense to go through if there's no agreement on the essential terms of the relationship. Hence, the Letter of Intent ("LOI"). An LOI is intended to, and should, give assurances to the parties, fix the agreed-upon terms of the deal, provide information and assurances to third parties, and provide a framework for further negotiations and the definitive agreement. It can, however, also be a minefield of potential problems and an invitation to litigation. This article reviews some of those problems and suggests ways to accommodate the parties' needs while avoiding the most common dangers.
Although the primary purpose of real estate leases is to rent space, tenants should take the time to develop and implement lease strategies that facilitate their operational methods and strategic plans.
This two-part article explores some of the issues that arise when negotiating a lease form that contains clauses defining the rights of the landlord and obligations of the tenant with regard to remodeling or expanding a shopping center. The first part of the article discussed negotiating points that could benefit the parties during the administration of the lease. The conclusion provides some suggested model language to consider when drafting a lease.
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Recent rulings of importance to your practice.
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One month after the highest court in Massachusetts, the Supreme Judicial Court (SJC), issued its decision on the unconstitutionality of the denial of same-sex marriage in <i>Goodridge v. Department of Public Health</i>, the Massachusetts Senate prepared draft legislation authorizing civil unions (Senate No. 2175). The legislation intended to grant same-sex couples "all the benefits, protections, rights and responsibilities afforded by the marriage laws" while still "preserving the traditional, historic nature and meaning of the institution of civil marriage." The civil union legislation created a separate, yet arguably equal, set of benefits and privileges for same-sex couples. The legislation, however, also denied same-sex couples the right to civil marriage and thereby lacked the intangible benefits of marriage that the <i>Goodridge</i> decision noted are "important components of marriage as a 'civil right.'" The Massachusetts Senate asked the SJC to review the civil union legislation and offer an advisory opinion on its constitutionality.
No, this is not a "change the light bulb" joke. It's an attempt to look at the role of the lawyer in a divorce case -- and it's about time we looked at our role.
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As matrimonial practitioners, we have all met with countless clients and immediately assessed the situation with regard to their cause of action, support, equitable distribution and custody. The initial consultation, retention and then commencement of the action are often followed by what may be called the typical divorce pretrial disposition. This includes the support application, fixing of a parenting schedule and perhaps an advancement of fees or pendente lite distribution of marital assets.
In a divorce case where a trust exists, it is possible to terminate the trust, with the agreement of all the parties, to utilize the proceeds to meet the needs of the parties in effectuating equitable distribution. Bear in mind that the termination of a trust can only be achieved by agreement and therefore such a goal cannot be achieved in a litigated matter. As part of a divorce settlement, certain types of trusts can be created for funding education expenses or covering medical expenses. These trusts would provide a mechanism for meeting support obligations.
