Negotiate Four Limits and Conditions in Owner's Recapture Clause

Negotiate Four Limits and Conditions in Owner's Recapture Clause



Getting the right to “go dark”—that is, stop operating while continuing to pay rent—if your business isn’t generating enough revenue, is very valuable. That’s because going dark can save you the cost of stocking and staffing the space you rent, among other expenditures. As in most cases where a tenant gets a valuable right, the owner of the space will want something in return for giving you a go dark right: a recapture right that allows it to take back the space and replace you with another tenant.

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