Limit Tenant's Hours Cotenancy Clause Remedies

An hours cotenancy clause—which says that a tenant will be required to open during the center’s normal hours of operation only if a certain percentage of other tenants are also open—is a typical provision in retail leases. But like many other lease issues that seem ordinary at first, it should still be carefully negotiated. That’s because in some clauses, nothing prevents the tenant from turning it into a right-to-go-dark clause. Here’s how you can make sure that doesn’t happen.