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When it comes to agreeing to any pro-tenant representations and pro-tenant protections within shopping center or mall “centric” provisions, landlords should adopt the expression “less is more,” and allow the market and context of the deal to rule the day.
Unless the clause includes a landlord termination right, a well negotiated “go dark” clause to a retail tenant states that it may allow the tenant to essentially cease its business operations without being considered in default of its lease obligations, provided that the tenant continues to pay the rent due and owing under the lease.
Most well drafted leases specify the manner in which the tenant must maintain its premises (including for retail leases, requiring the tenant to keep its store fully stocked and fully staffed by sales personnel).
Landlord advocates should negotiate for language in the lease stating that all displays and exhibits placed or installed in or about premises, and any signs, lettering announcements or any other kinds of forms of inscriptions displayed in or about premises will be only such as meet with landlord’s approval.