Negotiating Key Provisions in Shared Work Space Agreements

Rights of Use, Allocation of Risk, Indemnification in Licensing vs. Leasehold Interests

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


Conducted on Tuesday, July 10, 2018

Recorded event now available

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Program Materials

This CLE webinar will explore the unique issues facing commercial landlords and tenants of co-working or shared office space. Our panel will compare the agreements between the parties (lease vs. license), and provide guidance on how to most effectively address the risks associated with those differences.

Description

The gig economy has helped spur the popularity of distributed workspace in commercial leasing. With some companies offering memberships both nationally and globally, this model allows companies of all sizes to nimbly accommodate varying staffing needs without the usual expense of locating, securing and outfitting office space.

The flexibility of a short-term occupancy agreement, collaborative environment, and turn-key features can hold considerable advantages over traditional commercial leases for early-stage companies, small businesses and freelancers. Critical to the success of this model, however, is a clear understanding of how it differs from a traditional office lease and the impact of those differences on owners, providers and end-users.

The principal difference lies in the end-user’s grant of access—a license rather than a leasehold. Because the license merely grants a privilege of use rather than creating an estate in the property, the rights and duties between the respective parties shift. A reallocation of the associated risks necessarily follows.

Common issues of transferability and indemnification between the owner, tenant and end-user must be balanced with terms addressing consent, revocation and termination of the agreement.

Listen as our panel of experts in real property transactions provides practical guidance on how to best address the issues and balance the interests of each of the parties involved.

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Outline

  1. Overview of concept
    1. Agreements between the parties
      1. Owner and tenant
      2. Tenant and end-user
    2. Key provisions
      1. Lease terms
      2. License terms
  2. Interests of the parties
    1. Owner interests
    2. Tenant/provider interests
    3. Licensee/end-user interests
  3. Interplay between agreements

Benefits

The panel will review these and other critical issues:

  • What rights does a company receive as a licensee vs. as a lessee?
  • Can a licensee transfer the right to use a space?
  • Under what circumstances may a license be revoked?
  • Is the tenant’s liability different under a license than it would be under a lease?

Faculty

Kelly, John G
John G. Kelly

Shareholder
Bean Kinney & Korman

Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate...  |  Read More

Schiffer, Jennifer
Jennifer O. Schiffer

Shareholder
Bean Kinney & Korman

Ms. Schiffer is a shareholder of Bean, Kinney & Korman. She represents various businesses and their owners in...  |  Read More

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