Commercial landlords and tenants often spend substantial
resources negotiating a fair lease. During negotiations, both sides
bargain for the right rental price, determine a reasonable rental
term and identify which parties will be responsible for
maintenance, insurance, and taxes. Commercial leases, however,
contain much more than these primary terms.
Parties are likely accustomed to seeing "boilerplate"
language—often found at the end of the lease—related to
the choice of law, forum selection, force majeure, counterparts,
severability, fee shifting, and a number of other standard
provisions. Many parties take these provisions for granted.
However, while the inclusion of these provisions is standard
practice, the terminology of such provisions can vary greatly from
one lease to the next. And it’s usually not until a dispute
arises that these provisions become noticeable.
