As a business owner who might sell your operation in the future, you must have the right to sublease the premises or assign your lease. To preserve your right to sublease or assign, you must avoid leases with overly restrictive sublease and assignment provisions that severely limit your ability to sell your business. Make sure your lease provides that the landlord will not unreasonably withhold, condition or delay consent to a proposed subtenant or assignee. Also, be sure to eliminate any provision that permits the landlord to terminate the lease, or recapture the premises, rather than consent to a proposed sublease or assignment.
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