Finding the Right Balance with Exclusive Use Provisions
Western Real Estate Business
Article
11.02.26
Exclusive use provisions can protect tenants from direct competition, especially as retail demand increases. However, overly broad language can limit a landlord's ability to lease space and potentially lead to costly disputes. Partner Jonathan Lorenzen explores how landlords and tenants can find the right balance with exclusive use provisions in retail leases. He argues that a reasonable exclusive will effectively protect a tenant’s “lane” at a project, while giving the landlord the flexibility to lease other space and maintain a healthy tenant mix.
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