Use Permitted Use Clause to Keep Marijuana Dispensary Out of Property

The “permitted use” provisions for shopping center tenants are a key part of commercial leases and can be heavily negotiated. Savvy tenants spend time negotiating a cotenancy clause that specifies which businesses must be part of the makeup of the center and carving out remedies for a violation of cotenancy rights if those tenants leave and aren’t satisfactorily replaced. But they also know that their permitted use clause can keep out certain types of tenants that can be detrimental to their brand.

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