Defining Forbidden Items in Exclusive Use Clause

January 29, 2013
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Q: I own a café that sells sandwiches, desserts, and soft drinks. There’s a strict exclusive use clause in my 15-year lease with the owner of the shopping center where my store is located. The use clause prohibits the center’s owner from renting space to any tenant that sells sandwiches. A pizza restaurant opened recently, but because it sells only pizza pies, it doesn’t violate the exclusive use clause. I just found out that the owner is in lease negotiations with a Greek-style restaurant.

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