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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...
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