Black out flag in the Commercial Lease Agreement

Aug 6th, 2022
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Indemnify, on the other hand, means that if the landlord is sued by the injured customer, the tenant agrees to reimburse them for costs incurred as a result of the lawsuit.
A lease or rental agreement in California must legally include several key elements to protect both the landlord and tenant. This includes the full names and contact information of the landlord and any managing property management agents, the rental property address, the monthly rent amount, and the lease duration.
Base rent and monthly rent The contract must also explain if the rent includes or excludes property taxes, insurance, maintenance, utilities, and additional costs. If the rent is exclusive of these charges then the owner must specify the amount that the tenant needs to pay in regards to these expenses.
Several potential red flags to look out for include: Use Clause Restrictions, Demolition Clauses, Relocation Clauses, and Non-disturbance Clauses.
Unclear or Ambiguous Terms A lease should provide detailed information about the obligations and expectations of both the landlord and the tenant. If there is anything that is not clear, it is important to ask questions before signing the lease. Get the answers in writing.
The tenants right to cease operations at its leased space while the tenant continues to pay rent. A go dark clause is commonly negotiated in retail leases.
Dark Tenant means any Person that rents or leases a portion of a Borrowing Base Property and makes rental or lease payments in respect of its interests in such Borrowing Base Property prior to or subsequent to occupying or taking possession of such portion of a Borrowing Base Property, but in no event currently

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