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Shopping Centers Contract Terms

Lowndes

Exclusive Use Clauses in Shopping Center Leases

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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 shopping center includes a...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - July 2021

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Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more

Polsinelli

Simon says “Don’t Close Your Stores in My Shopping Centers”

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Simon Property Group is at it again. Two years ago, Simon took the shopping center world by storm when it obtained an injunction preventing Starbucks Corporation from shuttering 77 of its Teavana stores in Simon malls across...more

BCLP

BCLP Retail Insight: The Week That Was, Vol 9

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This week, the BCLP Retail team discuss the latest round of government restrictions to reduce the spread of Covid-19, and offer an updated timeline of relevant measures. We look at potential uses of empty retail space and...more

Rosenberg Martin Greenberg LLP

Retail Leasing in a COVID-19/Post-COVID-19 World: Preparing for the “New Normal”

The retail industry has experienced an unprecedented and immediate shift as a result of the economic fallout from COVID-19. One of the most apparent changes is evident when handling commercial retail leasing; read on to...more

Jaburg Wilk

What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

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When a commercial tenant leases space in a shopping center or mall, a primary consideration for the tenant is the expected benefit to their business of the foot traffic from the customers that will be attracted to the other...more

Lowenstein Sandler LLP

Sears (MOAC v. Transform): Landlord May Rest (Adequately) Assured of ‘Similar’ Financial Condition and Operating Performance, But...

A recent decision from the United States District Court for the Southern District of New York (the District Court) in the bankruptcy cases of Sears Holdings Corp. may loom large in a day and age when shopping mall operators...more

Dechert LLP

Sears, Mall of America and a New Look at Shopping Center Lease Protections

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In general, a trustee or debtor in possession may assign a lease if it cures any monetary defaults and provides adequate assurance of future performance by the proposed assignee. If the lease is for space in a shopping...more

Goulston & Storrs PC

Let’s Get Innovative! - Using short term deals to solve long term problems.

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There continues to be a lot of discussion throughout the commercial real estate industry about competition from online retailers and the holes created by failing and downsizing businesses that have traditionally focused on...more

Obermayer Rebmann Maxwell & Hippel LLP

Pop-up Shops: Legal Considerations for a Growing Trend in Retail Leasing

Pop-up shops have become an increasingly popular way for both new and existing retailers to introduce a business or to test a new product, service or location. The original pop-ups were seasonal, such as Halloween and...more

Lowndes

Exclusives in Leases

Lowndes on

Granting a tenant an exclusive use of their premises in a retail setting can be a powerful inducement to have the tenant agree to a lease. There is little doubt, however, that the use of exclusives often leads to eventual...more

Goulston & Storrs PC

Three Trends Driving Consumer Behavior in the Retail Real Estate Business

Goulston & Storrs PC on

Goulston & Storrs partners Nancy Davids, Matt Epstein, Karen O’Malley and David Rabinowitz recently sat down with Forbes to discuss how changes in consumer behavior continue to drive evolution in the retail real estate...more

Ward and Smith, P.A.

Exclusive Use Provisions in Commercial Leases

Ward and Smith, P.A. on

Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant to use its premises for an intended specific use (for...more

Polsinelli

Surviving the Retail Shift: Part 3 of a 5 Part Series - Coping with Retail Closures and the Evolution of the Shopping Center,...

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Shopping centers are not dying. The retail landscape is changing, however, and so too are shopping centers. Retail stores have been closing at a breakneck pace, and Wall Street seems to think the worst is yet to come....more

Patterson Belknap Webb & Tyler LLP

Radius Restrictions – New York AG Cracks Down on Outlet Mall Operator

Outlet malls are popular destinations for consumers seeking a bargain, even if not everyone agrees that the deals are as good as advertised. But although the prices may seem low, a common provision in lease agreements...more

Neal, Gerber & Eisenberg LLP

Landlord Rights and Responsibilities in Commercial Tenant Bankruptcies

Landlords beware: You may not be able to rely on all the remedies found in your lease if your tenant files bankruptcy. For example, the bankruptcy section of your lease may provide that the tenant filing a bankruptcy petition...more

Cole Schotz

New Jersey Commercial Landlord Finds Loophole in Lease to Avoid Tenant Exclusivity Restrictions

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On October 21, 2015, the New Jersey Appellate Division affirmed a trial court ruling that a South Jersey landlord did not violate a coffee-related exclusivity provision in its lease with Starbucks when it subsequently rented...more

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