The Exclusive Use Clause - Use It or Lose It

Written by Joanne Board
Shopping Centre Newsletter, Vol. 23, No. 5

In a lease negotiation, a tenant will often seek to obtain an exclusive use covenant whereby the landlord agrees that it will not permit any premises within the shopping centre to be used for a specific type of use. The tenant's main objective in seeking an exclusive use clause is to protect itself from any competing businesses operating in the same market. 

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