Owner Entitled to Replace Store with Noncompetitor

October 25, 2009
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Facts: The lease between a family shoe store and a mall owner included a “competing business” provision under which the owner was prohibited from leasing to any other shoe stores substantially similar to and/or competitive with the tenant. This included other “family” shoe stores. If the owner breached the provision, the tenant could terminate the lease with 30 days notice or continue to operate its store in accordance with all the terms and conditions of the lease.

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