How do you effectively negotiate a commercial lease in today's market to avoid standard language pitfalls? This practical overview examines the key provisions to address – from insurance clauses and environmental liabilities to operating expenses and subletting provisions. Protect the interests of your side of the table. Order today!

1. Insurance Clauses in Commercial Leases (Gross and Net)
2. Environmental Liabilities in Commercial Leases
3. How Bankruptcy Affects the Lease
4. Negotiating Retail Shopping Center and Office Building Leases

Continuing Education Credits:   

* denotes specialty credits

MORNING SESSION

Insurance Clauses in Commercial Leases (Gross and Net)
9:00 - 10:20, David L. Orwick

• Fire or Casualty Insurance (All-Risk)
• Public Liability Insurance
• Coverage of Tenant Improvements Within the Premises
• Damage and Destruction: Timing and Rights for Rebuilding, Termination, Etc.
• Mutual Waiver of Subrogation

  Environmental Liabilities in Commercial Leases
10:35 - 11:45, Harry M. Murray IV

• Environmental Requirements Impacting Commercial Leases
• Hazardous Materials Prohibition and Indemnity
• Common Environmental Provisions in Leases

How Bankruptcy Affects the Lease
11:45 - 1:00, Harry M. Murray IV

• How Bankruptcy of a Tenant Can Affect a Lease
• Bankruptcy Considerations During Lease Negotiation
• Requirements for the Assumption of Leases
• Rejection of the Lease

  AFTERNOON SESSION

Negotiating Retail Shopping Center and Office Building Leases
2:00 - 3:00 and 3:15 - 4:30, James A. Fredericks

• Fundamentals to Negotiate: Use, Term, Rent and Options to Renew/Expand
• Operating Expenses/CAM
  • Costs That Should be Excluded From CAM Charges
  • Caps on Expenses Passed on to Tenants
  • Annual Increases
  • Audit Rights
• Security Deposit and Letters of Credit
• Alterations and Installation of Tenant Improvements
• Lease Termination Rights
• Subletting/Tenant Transfer
  • Continuous Operation Provisions
  • Subletting and Assignment Terms
  • Buy Out Clause
• Default/Remedy Provisions
  • Events Deemed a Default
  • Remedies for Default
  • Attorneys' Fees Clause
• Guaranties and Estoppel Certificates

JAMES A. FREDERICKS is a shareholder with the St. Louis office of Polsinelli Shughart P.C., where he practices in the areas of real estate and business law, as well as estate planning/business succession. He has extensive experience in negotiating and drafting complex commercial leases, and acting as legal counsel for multiple Fortune 100 companies, trusts and national property management firms. Mr. Fredericks has lectured to various professional groups, including the Institute of Real Estate Management and the Building Owners and Managing Association on negotiating commercial real estate leases and other real estate matters. He earned his B.A. and M.A. degrees from Saint Louis University and his J.D. degree from the University of Missouri-Kansas City. Mr. Fredericks is a member of The Missouri Bar, the Bar Association of Metropolitan St. Louis, the Building Owners and Managers Association and the St. Louis County and the American bar associations.

HARRY M. MURRAY IV is a partner at the law firm of Armstrong Teasdale LLP, where he focuses his practice in the areas of real estate and real estate lending. Prior to joining the firm, he served as a law clerk to the Honorable Michael Wolff of the Supreme Court of Missouri. Mr. Murray is a member of The Missouri Bar, the Illinois State Bar Association, the Bar Association of Metropolitan St. Louis, the Urban Land Institute and a past volunteer for legal services of Eastern Missouri. He earned his B.A. degree, with honors, from St. Louis University and his J.D. degree, magna cum laude, from St. Louis University School of Law.

DAVID L. ORWICK is an attorney in the real estate and construction areas of Thompson Coburn LLP. Mr. Orwick represents clients in a variety of real estate transactions, including commercial and residential development, purchase and sale, condominium formation, leasing and financing. He represents general contractors, owners and designers in preparing and negotiating construction and design contracts. Mr. Orwick earned his B.A. degree, cum laude, from Southeast Missouri State University and his J.D. degree from Washington University School of Law. He is a member of the American Bar Association (section of Real Property, Trust and Estate Law; Forum on the Construction Industry), The Missouri Bar and Illinois State Bar Association, the Bar Association of Metropolitan St. Louis and the St. Louis Council of Construction Consumers.

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