For both commercial tenants and landlords, use restrictions are a valuable asset. For the tenant, use restrictions are critical to protecting the value of its business by preventing another tenant from competing for customers in the same shopping center by selling the same or similar goods and services.
Will That Restriction Hold Up?
Given their critical nature to both parties, use clauses, exclusives and prohibited uses are among the most heavily negotiated provisions of any retail lease. As a result, the final draft may contain a number of compromises and vagaries that are understood only by the original parties involved.
By
Peter J. Marino, Scott A. Miskimon And Lauren H. BradleyThis premium content is locked for LawJournalNewsletters subscribers only
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