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A common request from tenants is a “performance kickout right”—that is, a right to terminate the lease if its gross sales during a certain period fall below or don’t reach a certain dollar amount. But that’s treacherous for owners. Giving a termination right to a tenant opens the door for numerous problems: no rental income, reduced value of the center to lenders, and dark space that might violate your cotenancy clauses with other tenants.
