Learning to Play Nicely in the Sandbox: Co-Tenancy and Exclusive Provisions

October 24, 2024 • Ellen Sinreich co-facilitated an interactive peer-to-peer session: Learning to Play Nicely in the Sandbox: Co-Tenancy and Exclusive Provisions at the 2024 ICSC Law Conference in Orlando, FL.

As retailers continue to expand the scope of their core businesses to remain competitive in the constantly evolving world of retail real estate, there are inevitable clashes as the permitted uses of one tenant overlap with the permitted uses of another. 

At this session, we explored best practices for the resolution of conflicts among these tenants regarding their exclusive/protected uses, as well as the need for flexibility in co-tenancy provisions to permit the redevelopment of existing centers.