D. Whether it`s the basic rental or the basic rent or the supplement. Where possible, the lessor should at least try to recover the operating costs during the deferral period, in order to limit the amount the owner must pay out of pocket for his fixed costs. In the event that the lessor is required to finance tax and insurance reserves as part of his mortgage, the lessor should ensure that he has sufficient operating income to meet these mandatory reserve requirements. Despite possible additional rent deferrals, the tenant must remain responsible for all procurement, parking or other services that the tenant provides directly in overtime (p.B HVAC after work). If the additional rent is also deferred, the lease change should reflect how operating costs for calendar year 2020 are intersected, when the deferred amount is based on pre-calculations of operating costs and actual operating costs are ultimately different. Rent adjournment agreements should include provisions specifying the portion of the deferred rent, the deferral period, interest charges and the payment period. Owners should protect their own interests by setting conditions that lead to automatic termination of the contract, such as bankruptcy, insolvency and termination of the original lease. There is a space for flexibility in a rent deferral contract to best meet the long-term requirements of both landlords and tenants. Options that encourage lessor flexibility are conditions that enhance a tenant`s security and, in the case of short-term leases, conditions that extend the lease beyond the period set out in the lease. While tenants do not have the legal right to enter into new agreements with landlords, the pressure exerted by COVID-19 requires, as an unprecedented circumstance, a cooperative effort on the part of landlords and tenants. It can be used by a landlord or tenant to record the terms of the agreed deferred tenancy due to the covid 19 pandemic. H.

Other provisions. In addition to the rent deferral provisions, the landlord should, if necessary, include in its rent deferral amendments the following provisions: (i) changes to the definition of force majeure to ensure that the payment of rent and financial obligations is reduced in the event of force majeure and to determine whether certain obligations of the landlord (e.g. B construction obligations) are expected to be severed due to the COVID-19 pandemic and a similar future epidemic; (ii) a provision to revise the definition of the important area of the lease in order to limit both the physical scope (excluding regulatory measures) and distinguish temporary and permanent transactions; (iii) a provision allowing the landlord to limit access to the building (without deterioration or degradation) in the event of an emergency, public health crisis or other health/safety problems; (iv) a provision to revise the provisions relating to interruption of services and interruption of service, in order to eliminate any responsibility of the lessor in the event of the closure of emergency premises, a public health crisis or other health/safety issues; (v) a provision of Estoppel in which the tenant confirms that there are no defaults of existing landlords or clearing or credit credits; (vi) extending the duration of the tenancy in return for the rent deferral (usually equivalent to the tenancy period); (vii) a provision suspending future allowances until the tenant re-markets the deferred rent or in full occupancy of the premises; (viii) a provision that conditions the landlord`s agreement for future changes by the tenant who pays all remaining deferred rents; (ix) a provision that in the event of a tenant default under the tenancy agreement, the remaining balance of the deferred rent is accelerated; (x) a provision requiring the tenant to submit monthly and operating financial statements and other accounts at the landlord`s request, providing that when the tenant`s turnover or income reaches certain thresholds,