Tenant Exclusives: Rogue Tenants, Enforcement, And More

Law360, New York (November 4, 2016, 5:35 PM EDT) -- In my last article, I discussed the fundamentals of a tenant exclusive from the tenant's perspective. In this article I will discuss how to address "rogue tenants," the enforcement of an exclusive and whether continuous operation clauses should factor into the exclusive use provision when negotiating a retail lease on behalf of a tenant.

A "rogue tenant" is a tenant that despite being aware of an existing exclusive ignores it and operates in some manner in violation of the exclusive. One of the key factors in addressing the "rogue tenant" scenario is knowledge of the existing exclusive. As I mentioned in...

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