Commercial Leases: Structuring Tenant Build-Out, Improvement, Maintenance, and Repair Provisions

Landlord vs.Tenant Obligations, Approval Rights, Delivery of Premises, Indemnity Provisions, and More

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

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Conducted on Thursday, January 20, 2022

Recorded event now available

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Course Materials

This CLE course will discuss best practices for landlords and tenants to draft commercial lease agreements regarding pre-commencement build-out of premises and functional maintenance and repairs provisions. The program will also discuss indemnification provisions to allocate risk between the parties.

Description

Some of the most overlooked but potentially costly lease provisions address pre-leasing improvements, build-out, repair, and maintenance issues. Provisions regarding the build-out of premises must address cost issues, completion dates and delays, warranties, and defects.

Maintenance and repair provisions address critical issues of reasonable repair period, rent abatement, lease termination, waivers of tenant rights, breach of implied warranty of suitability, and tenant self-help remedies. Parties must also address obligations to restore property after a casualty loss.

Listen as our authoritative panel of commercial real estate practitioners discusses drafting and negotiating lease provisions regarding pre-commencement improvement, build-out, and functional maintenance and repair, as well as indemnification provisions to allocate risk.

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Outline

  1. Pre-commencement build-out provisions
    1. Approval of plans
    2. Change orders
    3. Cooperation of parties
    4. Delivery of premises
    5. Representations and warranties
  2. Functional maintenance and repair provisions
    1. Allocation of responsibilities in industrial leases
    2. HVAC systems
    3. Tenant vs. landlord obligations
    4. Conditions applicable to repairs
    5. Utilities, sewer lines, and parking lots
  3. Indemnification provisions

Benefits

The panel will review these and other essential matters:

  • What are the key questions to address in pre-commencement build-out provisions, and what are the risks for the parties?
  • What should pre-commencement repair and maintenance provisions include, and what are the risks for the parties?
  • What are best practices for drafting indemnification risk allocation provisions?

Faculty

Carey, Iryna
Iryna Lomaga Carey

Partner
Kurzman Eisenberg Corbin & Lever

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

Katz, Barry
Barry R. Katz

Partner
Saul Ewing Arnstein & Lehr

Mr. Katz focuses his practice on real estate and corporate law. He represents Fortune 500 companies, national lenders,...  |  Read More

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