A space that has been vacated by a tenant but without discontinuing to pay rent. This situation is commonplace in retail markets, where a space gets physically or operationally vacant (i.e., dark), but for which the tenant continues to pay rent as per the contract terms. When a business tenant goes dark, it stops operating while continuing to fulfill its rental obligations.
A contract with a “go dark” provision allows a tenant to cease operations at the “space” (vacant space), while not defaulting on any payment under the lease. The provision allows business tenants to continue overall operations in various stores, option to halt operations in a specific store that is not achieving a level of sales or business sufficient to maintain operations there. Tenants can cut losses relating to operating a loss-making store and reduce the level of recurring obligations.
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