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first and foremost if they have
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contractual obligations they should look
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to see
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whether or not um and what provisions
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they have in their written contracts
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with respect to their obligations are
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depending on the business there could be
00:19
a wide variety
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of contractual obligations that that one
00:24
has we
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we’ve seen obviously with retail
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restaurants
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and other retail
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and and various business owners health
00:33
clubs
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restaurants the biggest burden they have
00:37
is their obligation to pay rent
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and so using temporary commercial
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impracticability
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and the fact that the governor at least
00:49
where i’m
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located in the state of illinois
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effectively shut down businesses
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and businesses remain shuttered we think
00:58
that
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you you need to take a strong hard look
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at again
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temporary commercial and practicability
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as a defense to your obligation to
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perform
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only on a temporary basis and for a
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reasonable
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period thereafter to your obligation to
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perform on any contract and we we have
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found that
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in society generally uh most
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parties are willing to work with each
01:22
other to the extent
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that it’s it’s feasible it’s practical
01:28
and they have the ability to do it
Chicago, IL commercial litigation attorney Glenn L Udell shares his advice for businesses that have been unable to meet contractual obligations due to COVID.