Commercial Real Estate Lease - Force Majeure - One-Sided
Getting ready to sign a commercial lease in WV and have concerns about the Force Majeure language. Seems one-sided and heavily favors the landlord. Is there a reasonable alternative/compromise I can counter with that would provide some protection to me as the tenant?

 *15.2.*  *Force Majeure**.  Landlord shall not be deemed in default with respect to any of the terms, covenants and conditions of this Lease if Landlord fails to timely perform same due in whole or in part to any strike, lockout, labor disturbance, civil disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, fuel shortages, accidents, casualties, acts of law, acts of God, acts caused directly or indirectly by the Tenant or its agents, employees, clients, patients or invitees, or any other cause beyond the commercially reasonable control of the Landlord;* ***provided, however, that in no event shall Tenant be excused from its responsibility to pay the rents and other monies when and as due pursuant to this Lease.***
[{"id": "g2xlodr", "text": "What kind of business is this for? What concerns do you have? Covid related?", "replies": [{"id": "g2xpmvc", "text": "This would be a retail/warehouse space. My concerns are not directly Covid related as it's a risk I am aware of in advance and that responsibility is on me. I am just concerned about any unknown \"force majeure\" event that would prevent the landlord from fulfilling his duties and would similarly interrupt my business.", "replies": [], "depth": 2}], "depth": 1}, {"id": "g2xly13", "text": "This is pretty standard where I am. The issue a lot of landlords face is that they have a similar obligation to continue to pay their mortgage despite a force majeure event. When repping a landlord, our expectation would be that the Tenant can insure around this risk with adequate business interruption insurance. \n\nThat being said, an example of a middle-ground compromise could look like this: the obligation to pay rent in a force majeure scenario is delayed for some period of time (e.g., 90 days), with the lease automatically extending to make up for the lost time (an additional 90 days on the back end of the lease). A savvy landlord probably wouldn't go for it, but it doesn't hurt to ask.", "replies": [{"id": "g2xqicu", "text": "Thank you. I understand that it seems to be standard currently but in light of current events it just caught my eye and I wondered if there was any alternatives to language or if there was likely to be a shift going forward. \n\nI had wondered about the possibility of delayed or reduced rent during the force majeure event. \n\nThanks again!", "replies": [], "depth": 2}], "depth": 1}, {"id": "g2xmebw", "text": "honestly if you\u2019re not a strong tenant or the space isn\u2019t distressed it would be hard to convince a LL to modify this standard language. even trying to insert covid language is hard unless you\u2019re a national credit tenant", "replies": [{"id": "g2zlwvn", "text": "This is what landlords want tenants to think.  But if tenants start balking at this continuously landlords have no choice but to cave.  Landlords need tenants far more than the other way around.  Its time tenants start getting landlords to recognize that.", "replies": [{"id": "g49lqrx", "text": "this completely depends on the market", "replies": [], "depth": 3}, {"id": "g4ybrla", "text": "Depends. You are talking about high street retail? As a LL I can show you the door as I have a line of brands that want my space, in a secondary industrial market I will probably try to strike a deal with you.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "g2xrz1c", "text": "Has your attorney reviews this? As a commercial landlord the lease I send out is fairly one sided. I expect that their attorney is going to pick through it and propose edits. Many of them I accept, some of them i don't and we compromise. An attorney wrote this lease for the landlord. Your attorney should review it for you.", "replies": [], "depth": 1}, {"id": "g2zlnnr", "text": "Now is the best time in history to start to get back tenant rights.  Not only would i not agree to that provision you cited, i would flip it on its head.  Any acts of God or viruses that lead to your business either being fully or at least materially inoperable should immediately cease the payment of rent and depending on the length of the issue actually give you an out to walk away.\n\nThe landlord needs you more than you need them.  You have the high ground Obi Won.  Use it", "replies": [{"id": "g30f3h5", "text": "Why the downvotes?", "replies": [{"id": "g311svw", "text": "Probably the guards (landlords) not liking a prisoner speaking to power", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "g2zn5af", "text": "Very standard commercial lease provision. You can certainly propose different language; everything is negotiable. Right now it\u2019s a tenant\u2019s market too.", "replies": [], "depth": 1}, {"id": "g35chpj", "text": "Can you afford a lawyer? Can you afford to be brought to court?\n\nIf so, then don't worry about it. Force Majuere Clauses are by in large unenforceable.\n\nIf you can't afford a lawyer or to go to court then you are fucked and will have to adhere to this clause. \n\nIf you wish to negotiate you should get a quote from an insurance company for what it would cost you to be insured for an event such as this. Then you can ask that rent is reduced by that amount or have the landlord strike the clause out.", "replies": [], "depth": 1}]