Control Owner's Right to Recapture Space if You Go Dark

April 25, 2011
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Commercial tenants typically want the right to “go dark”—that is, stop operating while continuing to pay rent—if their businesses aren't generating enough revenue. “Going dark” can save you the cost of stocking and staffing the space you rent. But in return for getting a go dark right, you may have to give the owner a recapture right—allowing it to take back the space and replace you with another tenant.

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