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Exclusive Use Provisions: Practical Considerations for Landlord's Counsel

By Dominic J. De Simone
June 28, 2006

Part One of a Two-Part Series

Today, most large tenants and many small tenants require that their core business be protected in a power or community shopping center by obtaining an agreement from the landlord that grants the tenant the exclusive right to sell the items considered by that tenant to be its core business. This 'exclusive' is considered sacrosanct by most retailers and, in most circumstances, will need to be agreed to by a landlord in order to consummate a lease with that tenant.

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