|
>website: www.margolislawfirm.com >e-mail: jamargolis@margol=
islawfirm.com |
Margolis The
Margolis Law |
Memo
= To: CLE
From: JAMargolis
Date:
Re: 15
GENERAL PRINCIPLES OF PRO-TENANT LEASING
1. Not=
ice and
opportunity to cure before being deemed in default
2.
Consents/approvals not to be unreasonably withheld conditioned or delayed (=
esp.
as to sublet and assignment)
3. Bro=
ad rights
of rent abatement, set-off and self-help if Tenant is not receiving all it
bargained for: rent to abate during any period demised premises not useable=
for
the normal conduct of Tenant’s business
4. All
Landlord charges, fees and expenses to be reasonable
5. All
services provided by Landlord on an additional pay basis, to be charged at =
Landlord’s
cost
6. No =
claim
for indemnification/reimbursement to Landlord for any loss covered by insur=
ance
carried by either party
7. Mak=
e indemnifications
and hold harmless reciprocal
8. Lan=
dlord
liable for breach of lease
9. Ten=
ant not
liable for any repairs/restoration (i) structural in nature or (ii) covered=
by
Landlord’s insurance
10. Le=
gal fees
to prevailing party in any litigation (also to “substantially prevail=
ing
party” whether or not suit is actually commenced)
11. All
entries to DP to be done in such a way so as to minimize interference w/Ten=
ant’s
business
12. No=
right
of Landlord to relocate Tenant
13. No=
pass
throughs to Tenant for Landlord’s capital improvements
14. Pr=
emises
to be delivered in good order and repair and in compliance with all
“legal requirements” (broadly defined)
15. Re=
nt in a well-run
building with solid owner/management