Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In the Spotlight
During lease negotiations with an anchor or other national tenant, it is customary for the tenant to slap on a laundry list of prohibited or 'noxious' uses and to require the landlord to subject the shopping center to the restrictions contained therein. The landlord is generally agreeable to the prohibitions on the list, because the tenant is also bound by those restrictions and because the list generally contains uses which the landlord will not consider anyway ' such as industrial or manufacturing uses, mortuary and funeral homes, places of worship, carnivals or circuses, gun and pawn shops, and everyone's favorite throwback to the 1960's ' tattoo parlors and stores selling, distributing or displaying any drug paraphernalia primarily used in connection with the use or ingestion of illicit drugs. However, before the landlord concedes several other historically noxious uses, the owner of a modern-day lifestyle center or mixed-use center, particularly one still under development, should look carefully at these standard restrictions and consider softening the restrictions to allow certain types of uses which are finding their way into upscale and first-class shopping centers.
Pitfall Number One
Particularly in mixed-use centers, but in many newer lifestyle centers as well, a landlord should be careful not to agree to only retail uses in the center. Although most tenants will agree to allow limited 'retail office' uses, such as real estate offices, beauty salons, packaging stores and professional offices, many newer centers now have purely office uses. Often these are located on second floor stories or in separate multi-story office building locations in designated outparcels. Care should be taken to protect the retail tenants' visibility; and parking issues are always going to factor into the amount of office space allowable. Hotel/motels are also beginning to appear as well, and these should be allowed up to a certain size. In certain situations, a landlord might additionally agree that any hotel be ranked 'four star' or higher (or other equivalent ranking), but this raises a number of difficult issues, such as what ranking system to use and what happens if the ranking of an existing tenant happens to decline below the benchmark. Finally, medical or dental clinics should be allowed, provided that such clinics do not admit patients overnight.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?