Property Management
A Wyoming commercial tenant 'going dark' (ceasing operations) while continuing to pay rent may be in breach of their lease if it contains a:
AEscalation clause
BContinuous operation clause requiring the tenant to remain open for business✓ Correct
CPercentage rent clause based on gross sales
DNNN expense reimbursement provision
Explanation
A continuous operation clause in a commercial lease requires the tenant to remain open and operating during specified hours. Combined with a percentage rent clause, a tenant who 'goes dark' (stops operating) while paying only base rent may be in breach of the lease by avoiding percentage rent obligations.
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