Use Clauses in Retail Leases (OnDemand Webinar)

$199.00

SKU: 405668EAU

Description

Gain an understanding of drafting use clauses in retail leases so that you can employ precision in drafting and ensure that the intent is accurately reflected in the lease.Exclusive use, cotenancy and radius restriction clauses within retail leases are some of the most controversial and litigated. Without precise drafting, these clauses can create difficulty for all parties, often resulting in expensive litigation and the court’s interpretation of the language, that may not have comported with the intent of either the landlord’s or tenant’s. This topic will provide guidance on drafting use clauses in retail leases so that the parties can employ precision in their drafting and ensure that the parties’ intent is accurately reflected in the lease. Special emphasis will be on recent case law, using examples from the cases to avoid future ambiguity in drafting. Any person drafting or reviewing a retail lease would benefit from this information.

Date: 2019-10-16 Start Time: End Time:

Learning Objectives

General Implications of Lease Covenants
• Interpretation
• Reasonableness
• Enforceability
• Procedures for Effectiveness
• Damages

Exclusive Use Clauses
• Drafting Tips
• Guidance From Recent Case Law
• Ramifications If Court Finds Clause Is Ambiguous
• Defenses to Enforcement

Co-Tenancy Requirements and Use Restrictions
• Drafting Tips
• Guidance From Recent Case Law
• Types of Damages
• Need for Flexibility Given Changes in the Market

Radius Restrictions
• Drafting Tips
• Guidance From Recent Case Law
• Avoidance of Overly Restrictive Standards
• Damages and Enforcement

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Larry N. Woodard-Honigman LLP