Protect Your Exclusive from 'Grandfathered' Tenants’ Use Changes

Protect Your Exclusive from 'Grandfathered' Tenants’ Use Changes



Most shopping center leases in which the tenant has an exclusive, “grandfather”—that is, exclude—preexisting tenants from complying with it. If you’re prepared to agree with the owner that the exclusive that you’ve negotiated won’t apply to preexisting tenants, you may have missed an important point that should be taken into consideration: What if a preexisting tenant changes or expands its use—and its new use infringes on your exclusive?

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