7 Sins To Watch For In Co-Tenancy Clauses In Mall Leases

Law360, New York (August 17, 2015, 12:16 PM EDT) -- In the fashion world, landlords and brokers are always anxious to bring their brands into the mix of stores in a mall. A mall is a unique situation, whereby the marketing of a brand is sublimated to the greater whole of the mall; if the mall is a success, its stores supposedly will also be a success. But this sublimation leads to a fundamental conundrum: When does the marketing for the mall in toto, inclusive of brands that may be not on the same level, detrimentally affect the good will of a brand? If the answer is that the marketing and demographics of the mall are oriented toward a customer not willing or able to patronize a brand, except on an aspirational level, entry into the mall will be a negative, both in terms of return on capital expenditure as well as dilution of the brand....

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