News and Events
Put Up Your Dukes
Retailers are demanding ever greater exclusivity clauses leading to more conflicts with landlords' and each other.
May 1, 2007 Retail Traffic
An exclusivity clause is a covenant in a tenant's lease preventing the landlord from signing deals with a list of specified retailers. To be sure, in many cases exclusivity clauses are understandable. Home Depot won't want Lowe's in the same property. Small niche retailers, like gourmet popcorn shop Dale & Thomas, need exclusivity to protect against a second popcorn seller, argues Ivan L. Friedman, president and CEO of New York City-based Retail Consulting Services.