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Use Clauses in Retail Leases


Gain an understanding of drafting use clauses in retail leases so that you can employ precision in drafting and ensure that the intent is accurately reflected in the lease.

Exclusive use, cotenancy and radius restriction clauses within retail leases are some of the most controversial and litigated. Without precise drafting, these clauses can create difficulty for all parties, often resulting in expensive litigation and the court's interpretation of the language, that may not have comported with the intent of either the landlord's or tenant's. This topic will provide guidance on drafting use clauses in retail leases so that the parties can employ precision in their drafting and ensure that the parties' intent is accurately reflected in the lease. Special emphasis will be on recent case law, using examples from the cases to avoid future ambiguity in drafting. Any person drafting or reviewing a retail lease would benefit from this information.



Larry N. Woodard

Larry N. Woodard

Honigman LLP

  • Partner of real estate practice group of the Chicago office of Honigman LLP
  • Practice emphasis in all areas of real estate law, including commercial real estate transactions, real estate development, joint ventures, real estate-based lending, loan workouts, foreclosures, construction law and mechanics liens
  • Represents Fortune 500 companies, developers, regional and national banks, institutional investors, special servicers, higher education institutions, units of local government, REITs, contractors, landlords, tenants, receivers and real estate brokers
  • Noted speaker and writer on a variety of real estate topics
  • Completing acquisition, economic incentives, leasing and complete redevelopment of 1.6 million square food corporate headquarters
  • Recently completed one of the largest investments of Chinese capital in the country
  • Publishing a treatise on reciprocal easement agreements and vertical subdivisions
  • Adjunct professor of law, The John Marshall Law School
  • Member of the International Council of Shopping Centers and the American, Illinois State and Chicago Bar Associations
  • J.D. degree, LL.M. and B.S. degrees in real estate, University of Illinois and The John Marshall Law School
  • Can be contacted at 312-701-9331 or [email protected]

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