Commercial Leases: Risk Mitigation Strategies for Landlords and Tenants

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, October 10, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide real estate counsel with a roadmap for negotiating and structuring provisions that buffer and manage loss in commercial leases. The panel will explain proactive strategies for effectively mitigating risk in commercial real estate leases.


Risks can be reallocated in standard lease provisions by contract. Early exit strategies, assignment of rights against third parties, pre-emption of enforcement rights, recapture or termination rights, mitigation, indemnity and insurance provisions are key clauses in commercial real estate leases.

Real estate counsel rely on these provisions to allocate liability for damages and other losses that occur during the lease term. Mutual waiver of subrogation clauses are related provisions in a well-crafted lease.

When negotiating and drafting these kinds of provisions landlords, tenants and their counsel must understand potential statutory limitations, as well as enforcement and procedural hurdles. Using boilerplate provisions can be dangerous.

Listen as our panel of real estate attorneys explains practical strategies for negotiating and structuring these provisions that buffer and manage loss in commcercial lease transactions, and offers proactive strategies for effectively mitigating risk in commercial lease transactions.



  1. Early Exit Strategies
  2. Assignment of Rights Against Third Parties
  3. Pre-emption of Enforcement Rights
  4. Recapture or Termination Rights
  5. Mitigiation
  6. Indemnity and insurance provisions


The panel will review these and other key questions:

  • How can counsel for landlords and tenants in commercial leases best mitigate risk or allocate risk when drafting and negotiating these provisions?
  • What are the most commonly disputed issues around these provisions and what are some effective strategies for resolving them?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Iryna Lomaga Carey
Iryna Lomaga Carey

Kurzman Eisenberg Corbin & Lever

Ms. Carey’s practice focuses on commercial real estate transactions including commercial sales and acquisitions;...  |  Read More

Gregory G. Gosfield
Gregory G. Gosfield

Klehr Harrison Harvey Branzburg

Mr. Gosfield has a depth of experience in counseling owners, investors, and lenders on debt and equity investments...  |  Read More

Jeremiah Welch
Jeremiah Welch

Saxe Doernberger & Vita

He focuses his practice on corporate risk transfer and insurance recovery. He advises corporate counsel, risk managers...  |  Read More

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