A friend of mine unwittingly signed a large commercial lease without having the document legally reviewed. Buried in his lease was the condition that he was responsible for executing an inspection to constitute as a Base Line Condition. There was never an inspection and no documentation or checklist exists. The lease states that nobody is in breach for terminating the lease if there is a failure to agree on the base line condition. That being said, the tenant has been fighting with his landlord about the condition of the building for about 2 years now and is ready to give up his business.
It sounds like your friend likely breached the agreement by failing to produce the inspection to create the Base Line Condition. There can't be agreement (or failure to agree) on a base line if one was never produced to then negotiate. I don't think there is a successful argument for termination without breach here.
Your friend should seek legal counsel to review the agreement and advise him of his options.
Answers and information posted on AVVO by Amy Pivetta Hoffman do not create an attorney-client relationship and are for general information purposes only.