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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.

Runtime: 91 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

General Implications of Lease Covenants

  • Interpretation
  • Reasonableness
  • Enforceability
  • Procedures for Effectiveness
  • Damages

Exclusive Use Clauses

  • Drafting Tips
  • Guidance From Recent Case Law
  • Ramifications If Court Finds Clause Is Ambiguous
  • Defenses to Enforcement

Co-Tenancy Requirements and Use Restrictions

  • Drafting Tips
  • Guidance From Recent Case Law
  • Types of Damages
  • Need for Flexibility Given Changes in the Market

Radius Restrictions

  • Drafting Tips
  • Guidance From Recent Case Law
  • Avoidance of Overly Restrictive Standards
  • Damages and Enforcement
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on October 16, 2019.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

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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Product ID: 405668
Published 2019
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