Exclusive use provision in shopping center leases - by Diane RojasRetail Lease Agreement • October 21st, 2021
Contract Type FiledOctober 21st, 2021Retail shopping center leases often include an exclusive use provision, which prohibits a landlord from renting space in a given shopping center to another tenant that engages in the same type of business as the tenant’s primary use (e.g., a grocery store lease that stipulates that a landlord may not rent space in the same plaza to any other store that sells groceries or produce). Less common is for a retail lease to restrict a landlord from leasing any other space in the shopping center to a specifically named competitor. A court might deem such a provision to be a “restraint of trade or commerce,” in violation of the Sherman Act.