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Texas Medical Center Corporation

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November 18, 2010: CyberLease’s Marc Maiona to participate in upcoming Practising Law Institute’s “Negotiating Commercial Leases: How Owners & Corporate Occupants Can Avoid Costly Errors – Fall 2010


Why You Should Attend

Your client or company expects you to make the best deal, but do you know how to negotiate the most favorable terms? This popular program will help you to develop the bargaining and drafting expertise necessary to avoid unnecessary risk and hidden charges, non-market limitations on company operations and costly errors, and to place your client, the owner or occupier of commercial real estate, in the most advantageous position in what is essentially one of the most challenging real estate markets in thirty years.

What You Will Learn

  • New! History and use of “Good-Guy/Bad-Guy” off balance sheet guaranty - hidden backdoor liability
  • Update! “Ownership Costs” including repair, insurance and compliance responsibilities and how to shift back to the owners/landlords
  • What do the operating costs of the buildings mean in the current transitional economic reality?
  • Complex rental and escalation clauses: arbitration vs. litigation - and when some escalations go below the base - how to re-bundle the equations - how to audit the owner’s escalation bills -hot issues
  • Work letter language hidden delivery conditions - tenant installation fund tax structuring
  • Ethical considerations
  • Hidden existing and “springing” future superior interests as risks to the lease
  • Boilerplate clauses - the lease as contract or conditional demising conditions of limitation - forfeiture
  • Additional rentals and hidden profit centers: aggregate all building costs and basis
  • Assignment and subletting strategies and procedures
  • Renewal and extension rights, expansion rights and rights of first refusal/first offer
  • Retail leasing issues, including anchor tenants’ covenants to open, tenant’s right to “go dark,” landlord’s recapture of space, co-tenancy and minimum gross sales termination “kick-outs”

Who Should Attend

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