The Ins And Outs Of Competitor Restrictions In Leases

Law360, New York (July 23, 2014, 10:42 AM EDT) -- Putting aside governmental regulations, such as zoning regulations, landmarks regulations and laws prohibiting transactions with entities believed to be conducting business with terrorists, one would think that the owner of a commercial building could freely lease its space to the most qualified and attractive tenants, and could grant identifying signage rights to these tenants to facilitate the consummation of a deal. But this is not always the case.

By way of example, if you were a tenant negotiating a lease in a shopping mall for a high-end coffee shop, wouldn't you insist that the landlord not lease other space in the...

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