Bond lease

The term bond or bondable is primarily used in higher structured lease forms which also include a requirement that the tenant completely backstop casualty and condemnation loss in addition to assuming all other payment and performance obligations generally associated with a standard triple net lease.

Should a material casualty or condemnation occur (a 50% threshold is generally utilized) resulting in the tenant's inability to restore the property to operable condition of its original intended use, tenant may only attempt to terminate the lease upon delivering a rejectable purchase offer which is usually calculated to cover any debt as well as provide a return of any equity.

It has been argued that following a major casualty or irreparable condemnation, the tenant isn't required to continue paying rent without abatements, even under a bond lease.

The argument follows that under certain circumstances such a material event may even be construed as "constructive eviction" ultimately allowing the bond tenant to walk away from the property without providing a rejectable offer or other termination payment provision.

Examples of case law exist however; which uphold the "hell or high water" clause as well as the constructive eviction argument.