Keep Track of Whether Co-Tenancy Right Has Been Triggered

July 30, 2015
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Q: I’m in lease negotiations for space in a shopping center that has had some tenant turnover recently. My business is good for the center’s synergy, and it seems like I’ll be able to use that bargaining power to get a co-tenancy right. But the center is large and has many tenants. I’m afraid my co-tenancy right will be triggered and I may not find out until it’s too late and the owner can argue that I’ve waived my right by not objecting.

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