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2023 Mother nature and leases: Drafting issues to protect against storm and other damage

Total Credits: 1.2 Self Study

Practice Area:
Real Property
Audio and Video


Recording available after original program date, 3/21/2023

As extreme weather becomes more common, landlords and tenants are spending more time with overlooked lease provisions on weather-related damage. When a weather or other “Act of God” event occurs, the tenants often have a wider array of remedies, including sometimes termination of the lease, and landlord’s see their risk (and thereby their costs) increase substantially. As the probability of these events become less than trivial, it’s important to reassess whether “boiler-plate” provisions still make economic and risk-management sense. This program will provide you with a real-world guide to drafting and reviewing weather-related and other force majeure provisions in commercial leases.

•    Intricacies of force majeure clauses in leases
•    Termination rights – triggers for landlords and tenants
•    Economic concessions – rent abatement and other financial considerations
•    Duty of landlord to restore, rights of tenant to access property & construction issues
•    Practical, timely and cost-effective assertion of rights

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.


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