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With more and more landlords delivering raw space to tenants, or otherwise providing that the premises are to be delivered in “as-is” condition, tenants are performing work that was customarily performed by landlords. Consequently, tenants are demanding larger construction allowances, and added care must be taken when representing landlords in these situations, to ensure that tenants' work is completed lien-free and that construction reimbursements are not paid prematurely.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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