Often, in enclosed mall settings, a tenant will want the right to perform various marketing services, including, but not limited to, handing out coupons, handing out samples of its product, distributing surveys, distributing brand name items, or having mascots or other branded costumed employees greet or talk with customers in [...]
In the course of negotiating a retail lease, landlords are often requested to payfor a portion of the tenant’s cost of construction of the premises. The manner in which the landlord would make such a payment is commonly done by way of a “construction allowance” whereby a portion of the [...]
While all retail leases pose an array of issues to the landlords and tenants involved in those leases, retail leases that involve restaurants pose certain other issues that must be addressed in order to avoid surprise costs, liabilities and delays. This article will attempt to address several of those issues [...]
In order to protect against a shopping center becoming less populated with retail department stores or so-called “anchor” tenants, tenants will request, and frequently obtain, co-tenancy provisions in their lease documents. While the co-tenancy provisions will vary from tenant to tenant, most co-tenancy provisions will at least protect the tenant [...]
When considering a new lease for a single use property, generally the tenant of the property will want to consider their “exit” strategies at the time of the initial negotiation of the lease. Potential “exit” strategies may include: assignment of the lease, early termination rights and options to purchase the [...]
In most shopping center leases across the country, there is a provision that relates to the landlord’s right to modify, change, add to, subtract from, and/or alter the size, dimensions, character and construction of the shopping center. Very often, these provisions further grant the landlords the right to change [...]
Often in leases, particularly retail leases, the tenant seeks to protect the area immediately in front of its store location concerning accessibility and visibility. In that regard, landlords and tenants create language that prevents the landlord from placing any retail operation, structure or obstruction in front of the tenant’s store [...]
In order to meet construction schedules, opening date projections and cash flow targets, often a tenant must consider whether it is willing to commence construction without having an executed lease or agreement in place. While this decision may expose the tenant to considerable risk, as further described below, under certain [...]