Practical advice. Flat rates. Plain language.


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This post in the Understanding Your Commercial Lease series discusses insurance, subrogation, and indemnification.

In this latest post in the Understanding Your Commercial Lease series we’re going to discuss insurance, subrogation, and indemnification. (Subrogation will often be grouped under the insurance provision in your lease.) These provisions of your commercial lease allocate risk between the landlord and the tenant (and each of their insurers).

Insurance

Generally, in every commercial lease there’s going to be robust insurance requirements for the tenant that are mandated by the landlord. The tenant is going to be required to pay for insurance that will include general liability insurance, property damage insurance for the tenant’s property, business interruption insurance, automobile liability insurance, worker’s compensation insurance, and then often an umbrella policy. The landlord will often ask the tenant for insurance they would probably…

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Insurance, Subrogation, Indemnification

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The latest post in the Understanding Your Commercial Lease series discusses Damages, Destruction, and Business Interruption.

This latest post in the Understanding Your Commercial Lease series discusses damages, destruction, and business interruption. The damages and destruction provisions of your commercial lease will detail who (between the tenant and landlord) will be responsible for damages to (or destruction of) the premises, the building, and the entire real estate complex. Business interruption is often closely associated with damages and destruction as those events often interrupt the tenant’s business, but business interruption can also come about in the context of repairs, maintenance, and utility-related issues. The language in your commercial lease that discusses “smaller” damages is often included in the repairs section of the lease, and the destruction clause (sometimes called the “casualty” clause) will generally cover major damages.

Damage

Damages…

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Damages

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The latest post in the Understanding Your Commercial Lease series discusses utilities, maintenance, and repairs.

To understand the true cost of your commercial lease, you have to understand what utility services you’re responsible to provide and what parts of the premises you are required to maintain and repair. The discussion of utilities, maintenance, and repairs overlaps to some extent with what we discussed in our earlier common area maintenance and other pass through provisions post in the Understanding Your Commercial Lease Series. Common area maintenance provisions deal with some similar utilities, maintenance, and repair related issues. But the utilities-specific section and the maintenance and repairs-specific sections in your commercial lease will detail exactly what the tenant is required to do to maintain its utilities and the leased premises, including the extent to which the tenant is responsible…

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Utilities, Maintenance, and Repairs

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This post in our Understanding Your Commercial Lease Series discusses operating expenses, including CAM and other "pass through" expenses.

To understand the true cost of your commercial lease, you will need to understand operating expense pass through provisions. Expense pass through provisions detail common area maintenance (CAM) expenses, taxes, insurance expenses, and other “pass through” expenses. These provisions are called “pass through provisions,” because the amount the landlord has to pay for these expenses is “passed through” directly to the tenant. The details of operating expense pass through provisions are important to determine the overall value of the deal for both the tenant and landlord. 

While these expenses are always important for a commercial tenant to understand, they are particularly important in lease structures where the tenant takes on the risk of expense inflation, such as NNN and Base Year…

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Pass Through

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This post in the Commercial Lease Series explains different credit enhancement, including security deposits, letters of credit, and personal guarantees.

When negotiating a commercial lease, you will almost always encounter one or more lease clauses (and many times entire lease exhibits) that deal with what landlords often call “credit enhancement.” The major types of credit enhancement found in a commercial lease are security deposits, letters of credit, and personal guarantees. Often you may deal with more than one type in a single commercial lease. These provisions are designed to give the landlord more certainty that the tenant will be able to meet its obligations under the lease. And security deposits, letters of credit, and personal guarantees are particularly important to the landlord when the landlord is extending some type of credit, such as a tenant improvement allowance. They are also…

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Security Deposit LOC Guaranty

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In this news roundup we look at startups' fundraising, mergers and acquisitions, a commercial lease horror story, ride sharing regulations, and more

Here’s a collection of the most interesting legal and business news we found this week:

Ride Sharing

One of the big issues facing Uber has to do with the fact that auto insurance policies for individual drivers generally don’t cover damages from commercial activity, including ride-sharing through applications like Uber and Lyft. In Colorado, USAA and Farmers are now offering ridesharing insurance. Colorado is a natural testing ground for these new types of policies, as Colorado became one of the first states to explicitly authorize ridesharing services in 2014.

Startups & Funding

The big news of the day is Box’s IPO. After a shaky ride through the IPO process, Box’s IPO appears to be an initial success. It is a home run for its…

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Google Loon

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We continue our series on understanding your commercial lease by discussing the tenant improvement allowance and how it benefits tenants and landlords.

Tenant improvement allowances are often one of the most important issues for a new tenant when finding and negotiating a commercial lease, especially when the tenant is a start-up. In basic terms, the tenant improvement allowance is the amount of capital the landlord is willing to put into the space for the specific requirements of the tenant’s particular use of the space. Another way of saying it is that tenant improvement allowances are the amount of money the landlord will spend to alter the structure, including on building walls and other partitions, modifying building systems, like plumbing, electrical, and HVAC, and making common space adjustments to facilitate your intended use. “Tenant improvement allowance” can mean many different things, but they…

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Tenant Improvement Allowance- Yellow Poles

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This post in the understanding your commercial lease series discusses the definition of rent, free rent, additional rent and why your business should care.

Rent is so commonly understood that discussing the definition might seem like a waste of time. Rent, free rent, and additional rent are seemingly synonyms. The use of all three terms doesn’t appear at first glance to be particularly sensible: Why not just call “additional rent” “rent” and save the ink? And “free rent” seems like any oxymoron. But understanding the definition of rent, the differences between these terms, and why they are used is important to understanding your commercial lease. Ultimately, knowing the meaning of these terms and leveraging that understanding effectively can help you get a better deal. 

Rent

“Rent” is what you pay the landlord for the right to use the leased premises for a certain period of time. This…

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Rent

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The "Understanding Your Commercial Lease" series continues by explaining commercial lease structures, including NNN , base year, percentage, gross, etc.

To understand your commercial lease, it is important to understand your commercial lease structure. While no two leases are really the same, there are a few major types of commercial lease structures that most leases fit into. Understanding your lease structure will help you understand the major economic drivers affecting your lease, including the true costs and the major costly risks. And understanding these issues will help you get the most value out of your commercial lease. This post will give you a basic overview of the different commercial lease structures:

Triple Net (or NNN) Lease
Base Year Lease
Gross Lease
Percentage Rent Lease
Absolute/Total Net Lease
Modified Gross Lease

Triple Net (NNN) Lease

The triple net lease is a common lease, particularly in the retail market. The “triple…

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Lease Structure Comparison

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This post highlights some key early stage considerations that will help you optimize the commercial space planning and leasing process for your business.

To get the best deal, have your space meet your needs, and be in the best position to move seamlessly through the commercial leasing process, it is important to plan your commercial space. Today’s post highlights some of those key early stage considerations that will help you optimize the space planning process for your business.

Identify Your Ideal Space

The first step to take once you’ve decided that you’re ready to lease a commercial space is to identify what you type of space you’re looking to lease. A good place to start is to identify the specific use for the space and what space characteristics are required for your business. Make a list of those characteristics that are critical, a list of…

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Blueprint