Chapter 1. Distinguishing the Real Estate Lease: Dissimilarities to Other Contracts
1.1. Contract Principles Not Fully Applicable to Lease Law
1.2. Lease Law Principles Not Applicable to Contract Law
1.4. Bankruptcy Issues
Chapter 2. Pre-Lease Contracts
2.1. Broker Agreements
2.2. Confidentiality Agreements
2.3. Letter of Intent
Chapter 3. Commercial Leases: Business Terms
Chapter 4. Summary of Special Healthcare Facility Lease Business Issues
4.1. Economic Issues
4.2. Regulatory Issues
4.3. Physical Issues
4.4. Operational Issues
Appendix A Parties in interest relationships
Appendix B Healthcare Lease Rider of Illustrative Specialty Provisions
Appendix C Commercial Lease Checklist
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This new treatise on healthcare facility leases covers the basics such as the important distinctions between contract law and the law governing leases, contracts that precede the lease agreement, the provisions that create the business positions for the respective parties, and advanced issues that apply specifically to healthcare facility leases. The author's continuing theme throughout the book is the motivations and goals of the key parties, including not only the landlord and tenant, but also the landlord's mortgagee, the working capital loan lender, and the subtenant. This method reveals the underlying dynamics of the parties' negotiations, their concerns and the source of same, and the resolution of these issues.
• Economic issues: the market and rent;
• Regulatory issues: HIPAA, doctor-patient confidentiality, Anti-Kickback and Stark, American Disabilities Act (ADA), and compliance;
• Physical issues: physical and structural improvements, practice groups with special locations; and
• Operational issues: landlord entry, early termination and use.
About the Author
Gregory G. Gosfield is a partner and member of the Real Estate and Finance Department in the Philadelphia, PA office of Klehr Harrison Harvey Branzburg LL P. He has a depth of experience in counseling clients on debt and equity investments across the life cycle of real estate transactions. He also has extensive experience with exits, both by amicable sale or refinance and by contentious transitions in workouts, insolvencies, and turnarounds, representing owners, operators, special servicers, and opportunistic investors.
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