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Existing Superior Rights to Additional Space

Existing Superior Rights to Additional Space

When negotiating a right to additional space (e.g., expansion right or right of first refusal or first offer), tenants should confirm with the landlord that no superior rights exist to the same additional space.  If other rights do exist, those rights will be superior and the tenant’s right will be subject to the existing rights.  Typically, a tenant assumes that its rights are exclusive or superior to any other rights.  That may not be the case.

Read the rest of this blog entry at: http://rrlawaz.com/2011/05/existing-superior-rights-to-additional-space/

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