1. Eliminate Personal Guaranty - The Landlord can look only to the Lessee entity in case of default.

  2. Eliminate Spouse from Guaranty - The Landlord can look only to the individual guarantor, and may not be able to attach assets which are owned jointly between spouses.

  3. Limit Personal Guaranty to a fixed time period - The guaranty expires after said period.

  4. Limit Personal Guaranty to a fixed dollar amount - This creates a maximum cap for which the guarantor is liable.

  5. Obtain a "kick-out" clause at any time if a penalty payment is made by Tenant. - Tenant can pay a penalty to Landlord and break the Lease, rather than be responsible for the full term.

  6. Obtain a "kick-out" clause after a certain time frame. - Same as above, but only available after a set time frame.

  7. Obtain a "kick-out" clause based on possible future problems such as parking.- Tenant has right to break lease if certain acts occur which are detrimental to Tenants occupancy.

  8. Strike the Non-ASSIGNABILITY. - Make assigning the Lease to a partner or purchaser a possibility.

  9. Increase broadness of Use Clause. - Allows Tenant flexibility in how they operate their business, ability to add or delete products and services.

  10. Get as many options as possible with the longest terms possible. - Gives Tenant control over the space, protects against increasing rents.

  11. Limit Common Area Maintenance (C.A.M.), Taxes and Insurance increases to a certain % per year. - Limits Tenant's potential liabilities.

  12. Eliminate Space Substitution (relocation) Clause. - Transfers more control from Landlord to Tenant, prevents Landlord from relocating Tenant without Tenant's consent and compensation.

  13. Pay CAM % based on total rent only, without off-set for anchor tenants or vacant space. - Ensure Tenant pays only Tenant's fair share (pro-rata) of operating expenses.

  14. Cap management fees in CAM. - Same as above.

  15. Define what is included in CAM (No advertising, no management over ride, etc.). - Same as above.

  16. Increase Grace Period for late rents. - Gives Tenant additional time prior to penalties.

  17. Decrease Late Penalty.- Lowers Tenant's potential costs.

  18. Reduce events of default.- Lowers Tenant's risk of defaulting on Lease.
  19. Increase time allowed to cure defaults. - Gives Tenant more flexibility in their remedies.

  20. Reduce Landlord remedies of default. - Limits Landlord's options.

  21. Decrease required Insurance amount. - Lowers Tenant's cost.

  22. Obtain a broad exclusivity clause. - Reduces Tenant's competition potential.

  23. Retain rights to interior furniture, fixtures and equipment. - Allows tenant to retain more of its assets.

  24. Shorten Landlord rebuilding period. - Forces Landlord to put Tenant's space back in operable condition sooner.

  25. Obtain right to rebuild yourself. - Gives Tenant the option to do its own repairs if Landlord is too slow.

  26. Obtain right to offset rents against Tenant repairs. - Allows tenant to do repairs, and offset the cost against rental payments.

  27. Obtain right of first refusal on adjacent space. - Allows Tenant to expand into adjacent space.

  28. Obtain option to buy. - More relevant to smaller properties, this gives Tenant the option to purchase the property.

  29. Obtain first right of refusal to buy. - Allows Tenant to purchase the property at the same price and terms that a third party offers.

  30. Make joining the Merchant's Association an option, not mandatory. - Reduces Tenant's expenses.

  31. Limit HVAC/Mechanical costs to a fixed dollar amount annually.

  32. No percentage rent. - Reduces Tenant's expenses and bookkeeping obligations.

  33. No limitation of trade area. - Gives Tenant full ability to expand wherever Tenant sees fit.

  34. Obtain a guaranty of signage use. - Assures Tenant will obtain and retain proper signs.

  35. Make sure the property's rules and regulations cover potential problems such as neighboring businesses who use too much parking, make too much noise, create obnoxious fumes, operate non-synergistic businesses (pawn shops, bingo parlors, strip joints).- Makes Tenant'soccupancy more trouble-free.

  36. Get a right to relocate within building if a major anchor tenant vacates the premises.
 
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