Negotiating Exclusive Use and Restrictive Covenant Provisions in Office and Retail Leases
Balancing Competing Interests and Protecting Rights of Both Landlords and Tenants
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will address the drafting and negotiation of restrictive covenants and exclusive use provisions in office and retail leases, best practices to protect landlord and tenant interests, and recent case law developments in the enforcement of these provisions.
Outline
- Restrictive covenants
- Exclusive use provisions
- Signage rights
- Remedies and damages
- Recent case law developments
Benefits
The panel will review these and other key issues:
- How do exclusive use and restrictive covenants differ between retail and commercial leases?
- How can a signage restriction become a de facto leasing restriction?
- What guidance does case law and practical experience provide on the drafting of enforceable restrictive covenants and exclusive use provisions?
Faculty
Scott L. Weber
Partner
McGuireWoods
Mr. Weber's practice consists of representing clients engaged in the sale, acquisition, development, financing... | Read More
Mr. Weber's practice consists of representing clients engaged in the sale, acquisition, development, financing and refinancing of all types of commercial property. He also has significant experience representing landlords and tenants in commercial leasing transactions, including the leasing of retail, office, warehouse and industrial properties, and including ground leases and leasehold financing transactions. He also represents clients in the development, financing, purchase and sale of hotel properties, and the management of the acquisition and disposition of real property in syndicated tenant-in-common (TIC) transactions.
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Edmund S. Pittman
Partner
McGuireWoods
Mr. Pittman has extensive experience with transactions involving the acquisition, disposition, development,... | Read More
Mr. Pittman has extensive experience with transactions involving the acquisition, disposition, development, financing and refinancing of all types of commercial real estate and the leasing and subleasing of retail, office and industrial properties. He represents sellers, purchasers, developers, lenders, landlords and tenants in all aspects of these transactions, including the preparation and negotiation of purchase and sale contracts, development agreements, loan documents, conveyance documents, ground leases, leases and subleases.
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Lindsey D. Chase
Counsel
McGuireWoods
Ms. Chase's practice focuses on the acquisition, disposition, financing and leasing of commercial real... | Read More
Ms. Chase's practice focuses on the acquisition, disposition, financing and leasing of commercial real estate, including the negotiation of purchase and sale agreements for large asset portfolios and smaller transactions alike, the analysis and resolution of complex diligence issues leading up to acquisition, disposition and loan closings, the negotiation of portfolio and conduit loan documents for lenders and borrowers, and the negotiation of various types of leases for landlords and tenants.
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