Open for Business? Maybe...
October 28, 2022 • Marriott Grande Lakes, Orlando, FL — Ellen Sinreich co-presented an advanced workshop at ICSC’s 2022 Law Conference exploring current trends in retail leases with respect to opening and operating covenants (or the lack thereof), go-dark, and recapture clauses.
The program delved into the creative ways that landlords and tenants balance their conflicting interests with respect to these issues. Ideally, a retail tenant will promptly open for business and stay open throughout the term of its lease — but what happens if for some reason it doesn’t work out that way?