Property Management
In New Mexico, a commercial tenant who 'goes dark' (stops operating but continues paying rent) may be in violation of their lease if the lease contains:
AA subordination clause
BA continuous operating covenant requiring the tenant to operate during business hours✓ Correct
CA percentage rent clause with no minimum
DAn assignment provision
Explanation
A continuous operation clause in a commercial lease requires the tenant to remain open and operating. A 'dark' tenant who stops operating (even while paying rent) may breach this covenant, affecting co-tenants and the landlord.
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