No Liability for Sidewalk Excluded from “Common Areas”

Facts: A mall management company and a retail anchor tenant signed an operating agreement that defined the management company's and the tenant's obligations regarding mall operations at the shopping center where the tenant was located. Under the operating agreement, the management company was responsible for the maintenance of all the tenant's common areas, including “sidewalks, walkways, tunnels, and aisles providing pedestrian access to and across the center—except sidewalks around the building.”

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