Exclusive Right Clauses

Published Sunday, February 01, 1998

In order to encourage a tenant to lease space in a shopping center, a landlord sometimes will agree to give the tenant some protection from competing businesses by granting the tenant an "exclusive" right to operate its business in the center. Tenants will want a broad exclusive provision, which bars the landlord from allowing any other space at the center to be used for the sale of any of the items or services sold by tenant. However, the better approach for the landlord is not an outright prohibition, but rather the grant of a remedy to the tenant ...

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