The 2020 The International Council of Shopping Centers U.S. Shopping Center Law Conference provided retail real estate legal professionals the opportunity to gain industry-specific knowledge and insight from leading authorities. GT Shareholder Howard Jeruchimowitz presented the session, "Litigation: Is It Implied in Your Lease?" on Friday, October 16 at 11:30 AM CST. Aware of it or not, like it or not, leases include or may be “deemed to include” implied covenants. Some may exist as a matter of law. Others may be deemed to exist because of the words used. Some may be based on expectations created and representations made. Still others are just land mines waiting to be “discovered.” Some are just plain invisible. This panel explored real world situations involving implied covenants, how they resulted in litigation, whether the covenants could have been avoided or limited and, if so, how.
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