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Food Service Lease Use Clauses

To effectively negotiate use and exclusive clauses in a food service lease, the lawyers for both landlord and tenant must understand the nature of the food service industry, the potential overlap between food sales and food service tenants and among various food service tenants, and the parties’ purposes in entering into a food service lease. This Article examines various types of use clauses in the context of the food service industry and suggests factors to be considered during a lease negotiation. The author illustrates the need for careful drafting by surveying the historical and practical distinctions between the many different types of food service establishments.