Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

<b><i>In the Spotlight:</i></b> Relocation Clauses

By Mark Morfopoulos
January 31, 2016

Many landlords are faced with a dilemma when signing a deal with a small tenant. What if a larger tenant wants to lease a large block of space and a smaller tenant is already leasing some of the space that the larger tenant needs? To cover this situation, many landlords require a relocation provision to be inserted into the leases it enters into with small tenants, which permits the landlord to relocate the smaller tenant to another portion of the shopping center.

On the flip side, moving a tenant to another location within the shopping center can have serious consequences for the tenant being relocated. For example, relocating a tenant into new space that is in a “dead” zone in the center can result in a huge loss in sales volume for that tenant. Seeking a proper balance between the legitimate needs of a landlord and the legitimate needs of a small tenant should be the goal of the parties who are reviewing a relocation provision.

A sample relocation provision is as follows:

Landlord reserves and is hereby granted the right, upon 90 days' prior written notice to Tenant (the Relocation Notice”), to relocate Tenant and to substitute other premises within the Shopping Center for the premises originally leased hereunder (“Substitute Premises”) as though originally leased to Tenant as of the Effective Date, provided, however, the Substitute Premises shall not contain an area that is greater than 10% greater or less than the square footage contained in the original Premises. In the event of such relocation, all rent under this Lease will be adjusted in accordance with the floor area of the Substitute Premises, provided, however, in no event shall the rent exceed the amount per square foot due to the original Premises. Landlord agrees to pay the expenses reasonably incurred by Tenant incidental to relocating to the Substitute Premises, including the reasonable, out-of-pocket costs of moving Tenant's equipment and inventory from the Premises to the Substitute Premises. Provided Tenant submits to Landlord, within 30 days after Tenant's receipt of Landlord's Relocation Notice, plans and specifications for the decorations and improvements for the Substitute Premises, Landlord agrees to furnish the Substitute Premises with decoration and improvements substantially similar to those in the original Premises. Landlord will have the right to reuse the decorations and improvements used in the original Premises. Tenant will open for business in the Substitute Premises and will surrender the original Premises to Landlord on the date of delivery of the Substitute Premises to Tenant.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • 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

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

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.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

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.

The Article 8 Opt In Image

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.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.