Owner Didn't Mitigate Damages

July 19, 2009
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Facts: Danada Square, LLC, the operator of a shopping center, sued KFC National Management Company, a former tenant, after a KFC franchisee assumed KFC's original lease but terminated the lease with Danada early. Because KFC remained the guarantor under the original lease, it made the franchisee's rent payments to Danada after the breach. KFC and Danada entered negotiations for a new lease, which broke down after KFC objected to an unreasonable 60-day-out provision. KFC stopped making rent payments.

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