A Practical Guide to Commercial Leasing Services in Whitwell
Commercial leasing matters in Whitwell require careful attention to both local market conditions and state law. Whether you represent a landlord negotiating lease terms or a tenant reviewing obligations, clear written agreements protect business interests and reduce future disputes. At Jay Johnson Law Firm, our approach emphasizes straightforward communication, review of lease language, and practical planning that aligns with client goals. We help clients understand common lease provisions, identify negotiable items, and anticipate potential lease-related issues so they can make informed decisions about occupancy, rent adjustments, repair responsibilities, and termination options before they commit.
Entering a commercial lease is a significant business decision that affects cash flow, operational flexibility, and long-term planning. Many leases contain hidden obligations or ambiguous terms that can create unexpected liability or expense. Our role is to guide clients through the lease lifecycle, from initial offer to execution and, if necessary, dispute resolution. By focusing on clear drafting, risk allocation, and practical negotiation strategies, we aim to reduce surprises and align lease terms with a client’s business plan. We also review zoning implications, insurance requirements, and maintenance responsibilities that can influence the overall cost and suitability of a leased space.
Why Thoughtful Lease Review and Negotiation Matters
Careful lease review and proactive negotiation deliver tangible benefits for both landlords and tenants, including predictable costs, clearer responsibilities, and fewer disputes. A well-drafted lease defines maintenance obligations, insurance limits, and default remedies, which helps protect income streams and business operations. For tenants, negotiating favorable clauses for renewal, assignment, and termination can preserve flexibility as a business grows or contracts. For landlords, precise tenant obligations and enforcement mechanisms reduce downtime and repair costs. Clear lease language also simplifies later enforcement, reduces litigation risk, and supports business stability by setting expectations from the outset.
About Jay Johnson Law Firm and Our Commercial Leasing Work
Jay Johnson Law Firm serves clients across Tennessee with practical legal services in real estate matters, including commercial leasing. We combine knowledge of local markets with a results-focused approach to lease negotiation, drafting, and dispute resolution. Our team works directly with business owners, property managers, and investors to analyze lease risks, propose protective language, and explain options in clear terms. We prioritize timely communication and realistic strategies that reflect clients’ financial and operational priorities. Clients receive straightforward guidance to help them move forward with confidence when negotiating or renewing commercial lease agreements.
Understanding Commercial Leasing Services in Whitwell
Commercial leasing services cover a range of legal tasks designed to protect the rights and interests of landlords and tenants. These services include review and drafting of lease agreements, negotiation of lease terms, advice on security deposits, handling of default and remedies, and guidance on renewal and assignment clauses. Attorneys also help evaluate compliance with local zoning regulations and coordinate with insurance and title professionals when needed. For businesses looking to lease space, legal review helps identify restrictive covenants, hidden fees, or ambiguous repair obligations that could affect operations and profitability over the lease term.
For property owners and managers, legal services focus on creating durable lease terms that protect rental income and minimize administrative burdens. Services may include preparing forms, drafting enforceable remedies for breaches, outlining maintenance and repair responsibilities, and clarifying permitted uses and signage. Timely legal involvement can prevent common issues such as unauthorized subletting, late payments, and property damage. Whether negotiating with a single-tenant retail operator or a multi-tenant commercial building lease, thoughtful legal planning reduces misunderstanding, preserves asset value, and supports efficient property management.
What Commercial Leasing Legal Services Include
Commercial leasing legal services encompass drafting and reviewing lease agreements, advising on negotiating leverage, and assisting with lease enforcement or termination. These services also include due diligence tasks such as reviewing title reports, evaluating zoning and use restrictions, and coordinating necessary permits. Attorneys can advise on allocation of taxes, common area maintenance charges, and capital improvement responsibilities. In addition, counsel may assist with drafting amendments, handling security deposit disputes, and representing clients in mediation or litigation when disputes arise. The goal is to create clear, enforceable agreements that reflect the parties’ business expectations and legal obligations.
Key Elements and Typical Processes in Lease Work
Lease matters typically move through stages of negotiation, drafting, execution, and, if necessary, enforcement. Key elements to address include rent structure, term length, renewal options, maintenance and repair obligations, insurance requirements, permitted uses, and default remedies. During negotiation, parties should focus on practical issues like access, signage, hours of operation, and allocation of utilities. After execution, careful record-keeping and periodic communication help avoid disputes. If conflicts arise, early engagement to resolve issues through negotiation or alternative dispute resolution can preserve relationships and limit legal costs.
Glossary of Common Commercial Leasing Terms
Understanding common leasing terms helps clients evaluate lease provisions and make informed decisions. Below is a brief glossary describing terms frequently encountered in commercial leases, presented in plain language. These definitions clarify what landlords and tenants typically agree to regarding payment, maintenance, duration, and responsibilities. Familiarity with these terms makes it easier to identify negotiable items and to understand how certain clauses can affect daily operations, liabilities, and long-term obligations under the lease.
Base Rent
Base rent is the fixed periodic payment a tenant agrees to pay for occupying leased premises, typically stated as a monthly or annual amount. It serves as the core rental obligation separate from additional charges such as taxes, insurance contributions, or common area maintenance fees. Lease agreements may include scheduled increases to base rent over time or clauses tying adjustments to an index. Understanding base rent and any escalation provisions helps tenants budget accurately and lets landlords plan expected revenue over the lease term.
Triple Net Lease (NNN)
A triple net lease requires the tenant to pay base rent plus a share of property taxes, insurance, and common area maintenance costs. This structure shifts many operating expenses to the tenant and reduces variability in landlord operating costs. For tenants, it is important to fully understand the scope of these additional charges and how they are calculated. For landlords, clear phrasing of allocation and reconciliation methods reduces disputes. Both parties should examine the lease terms carefully to determine whether the financial responsibilities are reasonable and predictable.
Gross Lease
In a gross lease, the landlord typically includes most operating expenses within the rent payment, meaning the tenant pays a single lump sum while the landlord covers utilities, taxes, and maintenance. This arrangement simplifies budgeting for tenants and shifts cost variability to the landlord. Gross leases may still contain provisions that limit tenant use or require specific maintenance tasks. The precise scope of what the landlord covers should be stated in the lease so both parties understand which expenses are included and which, if any, may be billed separately.
Assignment and Subletting
Assignment transfers the tenant’s entire lease interest to a third party, while subletting allows the tenant to lease a portion or the whole premises to another party while retaining primary lease responsibility. Lease clauses often restrict assignment and subletting or require landlord consent before these actions occur. Landlords seek to control who occupies their property, while tenants seek flexibility to adapt business plans. Clear criteria for consent and reasonable timeframes for approval can balance both parties’ interests and reduce the potential for disputes.
Comparing Limited Review vs Comprehensive Lease Services
When seeking legal help for a commercial lease, clients can choose a limited review focused on specific terms or a comprehensive service that addresses the entire transaction. A limited review targets key concerns like rent, term, and default clauses and can be more cost-effective for straightforward deals. Comprehensive services involve drafting, negotiating, coordinating due diligence, and preparing amendments or additional documents, which is helpful for complex leases or significant long-term commitments. The choice depends on the transaction’s complexity, the value at stake, and the client’s comfort with negotiating detailed provisions.
When a Targeted Lease Review May Be Appropriate:
Simple, Short-Term Leases with Standard Terms
A limited lease review often suffices for short-term arrangements or when lease terms follow a standard template without complex conditions. If a tenant is occupying a small retail space for a limited period and the landlord uses a familiar form, focusing on a few key terms like rent, renewal options, and termination rights can provide adequate protection. This approach allows clients to identify glaring issues quickly and address them before signing. It is efficient for transactions where the parties seek a speedy closing and where the financial exposure is relatively modest.
Transactions with Low Financial Risk or Clear Market Norms
When the financial exposure is small relative to the client’s resources and market leasing practices are well understood, a narrowed review may be cost-effective. Typical provisions such as month-to-month arrangements, fixed base rent without escalations, and minimal repair responsibilities reduce the need for extended negotiation. In such cases, targeted legal review focuses on avoiding obvious pitfalls while preserving time and expense. However, clients should remain mindful that even low-risk leases can contain unexpected clauses, so a focused but careful review is important.
When a Full-Service Leasing Approach Is Advisable:
Long-Term or High-Value Leases
Comprehensive legal services are recommended for long-term or high-value leases where the financial consequences of unfavorable terms are significant. These matters benefit from in-depth review of escalation clauses, repair obligations, insurance requirements, and tenant improvement allowances. Thorough negotiation can secure favorable renewal rights and protect against unexpected cost increases. For landlords, comprehensive drafting establishes clear remedies for default and dispute mechanisms to preserve rental income. Investing in a full-scope legal approach can prevent costly disputes and support predictable outcomes over the lease term.
Complex Transactions or Multi-Party Arrangements
Leases involving multiple tenants, shared space, significant tenant improvements, or layered obligations typically require comprehensive legal attention. In these situations, coordination among lenders, contractors, and property managers can raise issues that standard forms do not address. Comprehensive services include drafting protective provisions, coordinating related agreements, and ensuring compliance with zoning and permitting rules. A thorough approach reduces ambiguity about responsibilities and timelines and helps manage potential conflicts between parties sharing common facilities or infrastructure.
Benefits of Taking a Comprehensive Leasing Approach
A comprehensive approach to commercial leasing helps align lease terms with business objectives while minimizing future disputes. This approach produces clearer allocation of maintenance, tax, and insurance responsibilities, which supports predictable budgeting for both landlords and tenants. Comprehensive review also uncovers potential zoning or title issues before they cause delays and secures contractual protections for tenant improvements or landlord obligations. The result is a lease that better reflects operational realities and reduces the likelihood of disagreements that can disrupt business operations or lead to costly procedures to resolve.
Beyond immediate contract clarity, a thorough leasing process enhances long-term stability for occupants and property owners alike. Well-drafted renewal and termination provisions allow businesses to plan future growth or downsizing. Landlords benefit from predictable enforcement mechanisms and clear remedies for default, helping preserve asset value. Comprehensive documentation can also streamline future transactions, such as assignments or sales, because potential buyers and lenders can more easily assess obligations and revenue streams. Overall, investing time in a complete leasing strategy often pays dividends through reduced disputes and smoother operations.
Improved Risk Allocation and Predictability
Careful lease drafting clarifies who is responsible for repairs, insurance, and operational costs, which reduces ambiguity and potential conflict. Predictable allocation of risk helps both landlords and tenants forecast expenses and maintain steady operations. For tenants, explicit terms around maintenance and liability limit unexpected outlays that can disrupt cash flow. For landlords, clearly defined remedies for nonpayment or property damage facilitate timely enforcement and reduce collection uncertainty. Overall, these provisions encourage constructive tenant-landlord relationships and better long-term planning.
Stronger Protection for Business Continuity
Comprehensive lease planning preserves business continuity by addressing renewal options, transferability, and contingencies for repairs or closures. Language that anticipates likely scenarios, such as temporary closures or delayed improvements, reduces the chance that a business is forced into sudden relocation or costly litigation. For landlords, clauses that address subletting and tenant responsibilities protect the property value and rental income stream. Thoughtful drafting ensures that both parties can respond to changing circumstances while minimizing disruption to ongoing operations and relationships.
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Practical Tips for Commercial Leasing in Whitwell
Review the Entire Lease Carefully
Take time to read the lease document line by line before signing, paying close attention to obligations for maintenance, insurance, and tax pass-throughs. Many disputes stem from overlooked clauses that assign unexpected costs or impose operational limits. If specialized provisions like exclusivity, signage, or access hours are important to your business, confirm they are included in writing. Ensuring clarity upfront helps avoid disagreements later and supports more predictable business planning over the lease term.
Negotiate Renewal and Termination Rights
Clarify Repair and Maintenance Responsibilities
Specify who is responsible for routine maintenance, structural repairs, and replacements, and how costs are allocated if multiple tenants share facilities. Ambiguity about repair duties commonly triggers disputes and unexpected expenses. Identify whether the landlord or tenant covers HVAC, roofing, plumbing, and common areas, and include agreements on response times for urgent repairs. Clear allocation helps ensure timely maintenance and reduces the risk of property damage or operational disruptions.
Why Consider Legal Assistance for Commercial Leasing
Engaging legal assistance for commercial leasing helps safeguard business interests and reduces the chance of costly surprises after signing. Attorneys can help negotiate favorable terms, review financial obligations, and identify restrictions that might affect daily operations, such as use limitations or signage rules. Legal review is particularly valuable when transactions involve significant capital investment, tenant improvements, or long lease durations. By addressing potential issues at the outset, clients protect cash flow and position themselves better for smooth operations throughout the lease term.
Legal guidance also supports efficient dispute resolution when disagreements arise over rent, repairs, or defaults. Attorneys can advise on negotiating resolutions, drafting amendments, and pursuing remedies when necessary. For landlords, proactive legal planning secures stronger enforcement options and clearer contractual remedies. For tenants, careful review protects against unexpected liabilities and creates predictable terms that support business planning. Overall, legal involvement reduces transaction risk and helps both parties achieve practical outcomes aligned with their goals.
Common Circumstances That Lead Businesses to Seek Lease Advice
Businesses commonly seek lease advice when negotiating initial occupancy, renewing or extending a lease, addressing tenant improvements, or resolving disputes over maintenance and payment. Landlords often request legal services when drafting new form leases, handling tenant defaults, or selling income-producing properties. Other triggering events include zoning changes, unexpected damage requiring significant repairs, and proposed assignment or subletting requests. In each case, legal review helps identify obligations and options so parties can respond effectively and minimize financial and operational disruption.
Negotiating a First Lease for a New Business
New businesses often face unique risks when signing a first commercial lease, including long-term financial commitments and unfamiliar lease provisions. Legal review helps clarify rent escalations, tenant improvement responsibilities, and allowable business uses within the space. These factors influence startup budgeting and operational plans. Securing reasonable termination and renewal options can provide useful flexibility. Legal input helps new business owners avoid unfavorable terms and ensures the lease supports practical goals such as expansion, signage, and hours of operation.
Handling Tenant Defaults or Nonpayment Issues
When a tenant fails to pay rent or violates lease terms, prompt legal attention helps landlords enforce remedies and minimize losses. Legal services include advising on cure periods, notice requirements, and lawful eviction or termination procedures under Tennessee law. For tenants facing financial difficulty, counsel can negotiate temporary relief or structured payment plans. Early engagement to resolve issues can prevent escalation into litigation and preserve value for landlords while offering tenants a pathway to stabilize their occupancy when feasible.
Preparing for Sale or Financing of Leased Property
Leases can affect property value and financing options when a landlord seeks to sell or leverage an asset. Prospective buyers and lenders review lease terms for assignment provisions, tenant creditworthiness, and rent stability. Legal services ensure lease language supports transferability and addresses consent requirements for sale or refinancing. Clearing ambiguities about tenant obligations and landlord responsibilities smooths transactions and can improve marketability. Properly documented leases make due diligence more efficient and reduce the likelihood of last-minute issues during sale or lending processes.
Commercial Leasing Services Available in Whitwell
We assist Whitwell landlords and tenants with lease negotiation, drafting, and dispute resolution tailored to local needs throughout Marion County and the surrounding region. Our services include reviewing proposed leases, drafting amendments, advising on insurance and maintenance allocations, and representing clients in settlement discussions or court when necessary. Clients benefit from practical advice presented in clear terms so they can move forward with confidence. For straightforward or complex lease matters, we work to provide timely guidance that aligns with each client’s business objectives and operational realities.
Why Choose Jay Johnson Law Firm for Your Commercial Lease Matters
Jay Johnson Law Firm provides responsive and practical legal services for commercial leasing matters across Tennessee. We focus on clear communication, realistic strategies, and preparing documents that reflect the parties’ needs. Our goal is to help clients avoid costly misunderstandings and to support efficient transactions. Whether you are a landlord drafting a standardized lease or a tenant seeking favorable terms for a long-term commitment, we provide tailored service that emphasizes timely advice and actionable solutions to support your leasing decisions.
Clients work with us because we prioritize practical outcomes and transparent billing. We aim to identify the most important contractual issues quickly and to propose workable changes that align with your priorities. Our approach balances legal protection with an awareness of business realities, helping clients negotiate terms, coordinate related documents, and plan for contingencies. We also assist with post-execution matters such as amendments, renewals, and enforcement to maintain continuity and protect long-term interests in a leased property.
From initial review to dispute resolution, our firm offers support for each phase of a lease transaction. We work directly with clients to explain lease provisions in straightforward language and to outline options for negotiation or amendment. For landlords, we help draft lease language that supports consistent enforcement and revenue protection. For tenants, we seek reasonable terms that preserve operational flexibility and limit unexpected costs. Our goal is to provide practical legal services that help clients make informed decisions for their commercial real estate needs.
Contact Jay Johnson Law Firm to Discuss Your Lease Needs
How We Handle Commercial Leasing Matters
Our process begins with a detailed review of the proposed lease and a discussion of your business objectives and concerns. We identify priority issues and draft a plan for negotiation or revision, outlining potential revisions and the likely impact on cost and operations. We communicate recommended changes clearly and work with the other party to reach acceptable terms. If necessary, we assist with related due diligence such as title review and zoning checks. Our approach emphasizes efficiency and practical solutions that align lease language with client goals.
Step One: Initial Review and Priorities
In the initial review, we read the full lease and summarize key obligations, potential risks, and negotiable items. We then meet with the client to establish priorities, including what terms are non-negotiable and where flexibility exists. This stage sets a roadmap for negotiation and helps clients understand expected timelines and potential costs. Effective initial review ensures that the negotiation strategy aligns with the client’s business plan and that any pressing legal issues are identified early.
Identify Critical Lease Provisions
We highlight clauses that could significantly affect operations or finances, such as rent escalations, maintenance responsibilities, default remedies, and renewal terms. By pinpointing critical provisions, clients can focus negotiation on areas that matter most to their business. This targeted approach streamlines discussions and increases the likelihood of reaching an agreement that reflects the client’s priorities while controlling negotiation time and expense.
Establish Negotiation Strategy
After identifying priorities, we develop a negotiation plan that balances protection with practicality. We prepare proposed revisions, anticipate common landlord responses, and advise on concessions that preserve essential protections. Clear negotiation strategy helps clients move forward confidently and negotiate efficiently, increasing the chance of reaching a satisfactory agreement without unnecessary delay.
Step Two: Negotiation and Drafting
During negotiation, we present proposed changes, explain the reasons for each revision, and work toward language both parties can accept. If needed, we draft addenda or amendments that capture negotiated agreements. This stage often requires careful wording to ensure the lease accurately reflects the business deal and avoids ambiguous phrases. We coordinate with other professionals, such as brokers or contractors, to ensure the lease supports practical project timelines and obligations.
Prepare Clear Amendments
We draft amendments and riders that precisely describe agreed changes, reducing the chance of future misunderstanding. Clear documentation of negotiated points, such as tenant improvements or modified maintenance duties, is essential to enforceability and performance. Accurate amendments protect both parties by creating a record of agreed adjustments to the base lease.
Coordinate Ancillary Documents
Many leases require additional documents, including guaranties, estoppel certificates, or tenant improvement agreements. We ensure these ancillary documents are consistent with the lease and protect client interests. Coordinating these pieces reduces gaps between expectations and contractual obligations and helps prevent downstream conflicts during occupancy or when transferring property interests.
Step Three: Execution and Ongoing Support
Once terms are agreed upon, we assist with final lease execution and provide guidance on implementing lease obligations, including notices, insurance procurement, and coordination of tenant improvements. We remain available to address post-execution issues such as amendments, disputes, and renewals. Ongoing support helps clients navigate unexpected events and ensures lease terms are enforced in a way that preserves business continuity and property value.
Finalize Documents and Notices
We review final lease documents and required notices to ensure accuracy before signing and filing. Confirming details such as lease commencement dates, rent schedules, and contact information avoids administrative errors that can lead to disputes. Proper finalization ensures the contract is enforceable and reflects the agreed-upon commercial terms.
Provide Post-Execution Guidance
After execution, we advise clients on fulfilling ongoing obligations like payment schedules, maintenance duties, and insurance coverage. If disputes or changes arise, we assist in drafting amendments and negotiating solutions. Regular check-ins or review at renewal time help ensure lease terms continue to meet evolving business needs and reduce the likelihood of conflict.
Frequently Asked Questions About Commercial Leasing
What should I look for when reviewing a commercial lease?
When reviewing a commercial lease, focus on core terms like the rent amount and payment schedule, lease length, renewal and termination clauses, and who is responsible for repairs and utilities. Also check for restrictions on use, signage, hours of operation, and subletting or assignment provisions. These items directly affect daily operations and long-term costs. Additionally, look for escalation clauses that adjust rent over time and any hidden fees such as administrative or common area charges. Understanding these elements helps you budget accurately and avoid surprises once the lease is active.
How are maintenance and repair responsibilities typically allocated?
Maintenance and repair responsibilities vary by lease type and should be clearly stated in the contract. In some leases, landlords cover structural repairs while tenants handle routine maintenance and interior repairs. In other agreements, tenants may assume broader obligations for repairs and upkeep, particularly under net leases. Look for specific language about who handles roofing, HVAC, plumbing, and common areas, and how emergency repairs are managed. Clear assignment of duties and procedures for cost-sharing reduces disputes and ensures timely response to maintenance issues.
What is the difference between a gross lease and a triple net lease?
A gross lease generally includes most operating expenses in the rent, so the tenant pays a single amount and the landlord manages taxes, insurance, and common area expenses. This arrangement simplifies budgeting for tenants but places cost variability on the landlord. A triple net lease shifts many operating costs to the tenant, who pays base rent plus taxes, insurance, and maintenance charges. Tenants in triple net leases should carefully review how these costs are allocated and calculated to avoid unexpected expenses. Knowing the difference helps you negotiate terms aligned with your financial goals.
Can I sublet or assign my lease to another business?
Assignment transfers your entire lease interest to another party, while subletting lets another party occupy the premises while you remain primarily responsible to the landlord. Many leases restrict assignment and subletting or require landlord consent, sometimes with standards for approval. If you anticipate needing flexibility, negotiate reasonable consent procedures and timelines rather than blanket prohibitions. Clear rules about allowable transfers and conditions for consent can facilitate business transitions and reduce the risk of disputes when circumstances change.
What happens if my tenant does not pay rent?
If a tenant fails to pay rent, the lease normally sets out notice and cure periods and the landlord’s remedies, which can include late fees, interest, and termination of the lease. Tennessee law may impose specific procedural requirements for eviction or termination, so following proper notice procedures is important. Landlords should document defaults and adhere to contractual and legal steps before pursuing eviction. Tenants facing difficulty should communicate early, as negotiated solutions such as payment plans can sometimes prevent escalation and preserve occupancy where reasonable.
Should I be concerned about zoning or permits when signing a lease?
Zoning and permit compliance are important considerations before signing a lease, because use restrictions can limit business activities or require special approvals. Confirm that the intended use is permitted under local zoning and that any required permits or licenses can be obtained. If tenant improvements are planned, check whether building permits are needed and who will handle their procurement. Addressing these matters in advance reduces the risk of operational interruptions and helps ensure the property is suitable for your business purpose from day one.
How are rent increases usually handled in commercial leases?
Rent increases may be structured as fixed periodic escalations, adjustments tied to a price index, or pass-throughs for certain operating costs. Leases should state the mechanism for increases, the timing, and any caps or formulas used to calculate adjustments. Tenants should review escalation clauses to understand potential future costs and negotiate protective limits where feasible. Landlords seek predictable income growth; clear escalation language balances both parties’ needs and avoids conflicts when increases occur during the lease term.
Do I need insurance as a tenant or landlord under a lease?
Most commercial leases require tenants to carry certain insurance coverages and name the landlord as an additional insured, while landlords typically maintain property insurance. Insurance requirements commonly include liability coverage and property insurance for tenant improvements and contents. Be sure to review limits, deductible obligations, and responsibilities for premiums. Adequate insurance protects both parties and may be a condition for occupancy. Discussing insurance early ensures compliance and prevents gaps that could leave either party exposed to avoidable losses.
What is an estoppel certificate and why might it be requested?
An estoppel certificate is a document that confirms the current status of the lease, including rent amounts, security deposits, and any pending claims or defaults, often requested by lenders or buyers during due diligence. It helps third parties verify that the lease terms are as represented and that there are no undisclosed issues affecting occupancy or revenue. Tenants should ensure the estoppel accurately reflects the lease and any amendments. Landlords benefit because estoppels provide assurance to potential buyers and lenders about the stability of rental income.
How long does lease negotiation usually take?
The time required for lease negotiation varies based on complexity, the number of parties involved, and how far apart the parties’ positions are. Simple, form-based leases can be finalized quickly, sometimes within days, while complex transactions with tenant improvements, multiple tenants, or lender approval can take weeks or months. Efficient negotiation benefits from clear priorities and timely responses from both sides. Setting realistic timelines and communicating expectations at the outset helps move negotiations forward without unnecessary delay.