Trade Retailer's Right to 'Go Dark' for Your Right to Recapture Space

Many, if not most, retail tenants hesitate to sign leases containing continuous operation clauses. Of course, this dogged determination to maintain the right to go dark and not be forced to operate no matter how bad business becomes is nothing new. But there can be no doubt that the COVID-19 pandemic has made it harder than ever for landlords to get tenants to accept a continuous operation clause.