Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a ...

An important, but often overlooked, provision of commercial leases is the prohibited use clause. Among other things, prohibited use clauses outline what can and can't be sold and how business can or ...

When the COVID-19 pandemic arrived, everyone had an immediate, visceral reaction to review their force majeure clauses. Shortly thereafter, articles touting the implications of contractual force ...

In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against ...

Exclusive-use provisions are commonly negotiated by landlords and tenants in commercial leases, especially for retail properties, but sometimes the most important aspects of the exclusive use ...

Notwithstanding the fact that NDAs are commonplace in M&A transactions, breaches of NDAs are rarely litigated. Parties may be reluctant to make the dispute public and damages for breach of an NDA can ...

Opinions expressed by Entrepreneur contributors are their own. As an entrepreneur navigating the world of commercial real estate, you may encounter the terms “use clause” and “exclusive rights” ...