Assignment and subleasing is of utmost importance to a tech company tenant. The business life cycle of a tech company is often in hyperdrive, and the company’s lease should not be an impediment to any business moves.
When representing a tech company, you should exercise vigilance to ensure that the standard assignment and subleasing provisions are as reasonable as possible. Rely on your client’s broker to learn what landlord protections are market. More so than most users, it is likely that the tech company tenant will look at this provision sometime during the lease term, hopefully because they have outgrown the space and are moving to larger space. (Though they may also need to assign or sublet because their business has failed.) The details of negotiating an assignment and sublease provision generally also apply to tech company leases but are beyond the scope of this article.
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