The "Exclusive Use" clause grants one party the sole right to utilize or benefit from a particular asset, property, or service, thereby restricting others from doing the same. This provision ensures that the party with the exclusive rights has priority access without interference from competitors or other parties.
“Exclusive Use Premises” shall mean those areas of the Airport leased to the AIRLINE, as shown in Exhibit “B”, attached hereto, to which AIRLINE shall have exclusive use, subject to the terms and provisions of this Agreement, which may be assigned for the entire Term or may be assigned to AIRLINE on a month to month basis as indicated in Exhibit B.
Except for that portion of the Exclusive Use Premises listed on Exhibit B as being leased on a month-to-month basis, as such Exhibit B may be amended from time to time; the Term of this Agreement shall commence on the 1st day of April, 2021, and shall continue for one (1) year (the “Term”). The Term of this Agreement shall terminate on 31st day of March, 2022, unless sooner canceled or terminated as provided herein.
For the portion of the Exclusive Use Premises listed on Exhibit B as being leased on a month-to-month basis, this Agreement is for a term of one (1) month commencing on the Effective Date, and thereafter from month to month until one of the parties shall give to the other not less than thirty (30) days’ written notice of its intention to terminate this Agreement as to such portion of the Exclusive Use Premises. The parties may agree, in writing, to add additional month-to-month space to the Exclusive Use Premises.
Recapture of Exclusive Use Premises. If AIRLINE fails to maintain the requirements set forth in the definition of a Signatory Airline as provided in Article 1 above over a period of sixty (60) days, the AUTHORITY shall have the right to recapture control of the Exclusive Use Premises upon thirty (30) days written notice to AIRLINE of its failure to maintain the minimum flights as set forth herein. Moreover, failure to meet the requirements of a Signatory Airline will result in the airline paying non-signatory rates and charges.
Entertainment Center. If Landlord makes an entertainment center available to any tenant, then Tenant shall be entitled to the following benefits: Landlord will ensure such vendor provides Tenant and its employees and invitees with: (1) free access / no cover charge (exclusive of dates or events which are reserved for the exclusive use of parties other than Tenant); and (2) the free, exclusive use of the entertainment center by Tenant up to 12 times per calendar year; provided that such exclusive use will occur not more frequently than 1 time per calendar month and will only occur during non-peak days, as determined by Landlord or the
“Exclusive Use Space”, “Exclusive Premises” or “Exclusive Use Premises” means office space, storage areas, Airline Clubs, employee break rooms, baggage service office or other areas in Terminal 1 that may be leased by an Airline for its exclusive use and occupancy.
To install and maintain in AIRLINE’s Exclusive Use Space and Preferential Use Space, at AIRLINE’s sole cost and expense, signs, posters, displays, banners, pamphlets, and other materials that identify and promote the Air Transportation Business and frequent flier programs of AIRLINE or its Affiliated Airlines or Alliance Partners or luxury retailers or program partners (but, with respect to luxury retailers and program partners, only in AIRLINE’s Airline Club areas, subject to the applicable terms and conditions of Section III.A.15). Such signs shall be constructed, installed and maintained consistent with professional, first class standards. AIRLINE shall not place such signs, posters, displays, banners, pamphlets and other materials outside of AIRLINE’s Exclusive Use Space and Preferential Use Space without MAC’s prior written consent. Any signs in violation of this Section may be removed by MAC.
Tenant's Exclusive Use Rights: So long as Tenant is operating its business in the Leased Premises and is not in default of any term, condition or provision of this Lease, Landlord shall not operate, lease or permit to be leased or operated in the remaining gross leasable area within the Shopping Center* that is unleased as of the date hereof to any other person or enterprise whose principal purpose would be for the sale of deli and submarine style sandwiches, including purveyors such as, but not limited to, sandwich stores operating under the trade names Blimpie, Jimmy John's, DiBellas, Jason's Deli, Quizno's, Jersey Mike's, Panera Bread, and Atlanta Bread Company. This exclusive shall expressly not apply to any tenant presently leasing any space in the Shopping Center. Notwithstanding the foregoing, no amendment, modification renewal and/or extension of the lease agreement of any tenant of the Shopping Center as of the date hereof shall give such existing tenant the right to sell items in violation of Tenant's above described exclusive use rights if such Tenant's lease agreement as of the date of this Lease: (i) does not specifically include such right in the use provision of said lease agreement; or (ii) does not prohibit assignment or subleasing of such tenant's space to any person or entity whose use would violate exclusive rights of other tenants of the Shopping Center as of the date of such assignment or subletting; or (iii) permits such tenant to conduct 'any' legal use within its leased space.
16.4 Exclusive Use. 16.4.1 Limitation on Use. Neither Landlord nor any entity controlled by Landlord will use, lease (or permit the use, leasing or subleasing of) or sell any space in or portion of the Entire Project* (other than the Premises) or any property contiguous to the Entire Project (including, without limitation, any property that would be contiguous or adjacent to the Shopping Center** but for any intervening road, street, alley or highway, but excluding the adjacent parcel located to the east of the Shopping Center and identified on Exhibit B to this Lease as the “Wal*Mart Super Center” [which is subject to a long term ground lease between an affiliate of Landlord to Wal-Mart Real Estate Business Trust] for so long as such ground lease remains in effect) owned or controlled now or at any time hereafter by Landlord or any affiliate of Landlord, to any “craft store”, store selling arts and crafts, art supplies, craft supplies, picture frames or picture framing services, framed art, artificial flowers and/or plants, artificial floral and/or plant arrangements, wedding or party goods (except apparel), scrapbooking/memory book store, or a store selling scrapbooking/memory book supplies, accessories, and/or decorations or other papercrafting (e.g. making greeting cards, gift bags, tags, and other related or similar items) supplies, accessories and/or decorations associated with the foregoing, or providing classes on any of the foregoing or any combination of the foregoing categories, or any store similar to Michaels Stores, Inc. in operation or merchandising, including by way of example, but not limited to, Garden Ridge, A.C. Moore, Ben Franklin, Joanne Fabrics, Joanne Etc, Hobby Lobby, Old America, Waccamaw/Home Place, Pat Catans, and MJDesigns. This Section 16.4.1 shall not apply to any lessee for which the sale of a product or service covered by the exclusive granted to Tenant hereunder is merely incidental to such lessee's primary use, unless the total space which such lessee devotes to the products or services which violate the exclusive contained In this Section 16.4.1 exceeds the lesser of one thousand (1,000) Leasable Square Feet (inclusive of allocable aisle space and linear shelf space) or ten percent (10%) of such lessee's Leasable Square Feet; and further provided, In no event shall this exception for incidental use apply to picture framing services, it being the intention that no other lessee or occupant of the Shopping Center shall be permitted to offer custom picture framing services not even on an incidental basis. Tenant acknowledges that the operation in the Shopping Center of Office Depot, Inc. (“Office Depot”), for the purpose of operating an office supply store similar to other stores presently operated by Office Depot, shall not be a violation of the exclusive granted to Tenant herein; provided, however, Tenant's acknowledgment is limited to the foregoing use and any future change in Office Depot's use which would violate Tenant's exclusive would be subject to Tenant's approval in each and every instance and such consent shall extend to Office Depot's successors and assigns only if such successors and assigns have a use substantially as that of Office Depot (an office supply store) and do not violate the exclusive granted to Tenant herein. In no event shall this apply to picture framing services, it being the intention that no other lessee or occupant of the Shopping Center shall be permitted to offer custom picture framing services.
Other Exclusives. Tenant shall only be subject to those exclusive use restrictions listed in Exhibit I for so long as such exclusive use restrictions remain effective to restrict the use of the Premises. Landlord represents that none of the exclusive use restrictions listed on Exhibit I prohibit the operation of a typical Michaels' store. If Landlord enters into a lease with Ross for space in the Shopping Center prior to the date Tenant opens its store in the Shopping Center, then so long as the lease with Ross is in effect and for so long as Ross uses its premises as an “off price department store”, Tenant and Tenant's assignees and sublessees shall not use the Premises as an off price department store. The term “off price department store” means a store whose primary use is the sale of soft goods merchandise, including men's, women's and children's apparel, shoes, accessories, such as jewelry and cosmetics, domestics and linens, housewares, office supplies, sporting goods, furniture and lamps, window and floor coverings, electronics, videos, books, toys, pet supplies, luggage and packaged foods. Notwithstanding anything to the contrary contained in this Lease, Landlord shall be permitted to grant the typical Ross exclusive to Ross as it pertains to Landlord and the other tenants and/or occupants of the Shopping Center (other than Tenant).
Exclusive Use Licensed Data: With respect to the Licensed Data marked as “Exclusive Use” on Exhibit A hereto (the “Exclusive Use Licensed Data”), Tradeweb shall not, and shall cause its Subsidiaries not to, without Subscriber’s prior written consent, license any such Exclusive Use Licensed Data to an unaffiliated third party for any Purpose that is listed on a Data Use Case Annex; provided however, that the foregoing shall not prevent Tradeweb from: (a) using Exclusive Use Licensed Data: (i) to create, use, license or distribute derived data of any kind (in which Subscriber and its Affiliates will have no rights of any kind, including intellectual property rights), provided that the Exclusive Use Licensed Data cannot be reverse engineered or otherwise identified from analysis or further processing of the derived data, or (ii) in insubstantial amounts, in raw or manipulated form, (x) within reports for Tradeweb clients or (y) on a non-continuous, point-in-time basis as part of a bona fide Tradeweb service (and not on a standalone basis); provided that in each case of (i) and (ii), Tradeweb’s use and distribution of Exclusive Use Licensed Data cannot be used as a replacement or substitute for the Exclusive Use Licensed Data; or (b) licensing and distributing Exclusive Use Licensed Data on the Tradeweb viewer or by other means (and for such purposes) intended to directly support Tradeweb’s trading business; or (c) providing Exclusive Use Licensed Data to third parties on a time limited trial basis for evaluation purposes only, it being understood that following any such trial evaluation where the evaluating party wishes to subscribe (on a non-trial basis) to Exclusive Use License Data in a manner or for a purpose that Tradeweb is prohibited from providing pursuant to the foregoing restrictions, Tradeweb will refer such third parties to Subscriber.
Landlord will grant to Tenant, at no cost to Tenant, the Non-Exclusive use of Landlord’s Rectifier Station Building 1 and Building 2 for installation of power switching, distribution and control equipment. Tenant’s use of these buildings is subordinate to Landlord’s. Tenant is responsible for supplying power for lighting in these buildings. 4. Landlord will grant to Tenant, at no cost to Tenant, Exclusive use of the interconnecting corridor between Buildings 1 & 2; any modifications to building need to be approved by Landlord in advance.
Covenant and Agreement. Landlord covenants and agrees that during the Term and any extensions or renewals thereof, no additional property which Landlord, directly or indirectly, may now or hereafter own or control, and which is contiguous to, or which is within five hundred (500) feet of any boundary of, the Premises, will be used by a grocery, nutritional supplements or produce store excluding incidental sales (the “Exclusive Use”). For purposes hereof “contiguous” shall mean property that is either adjoining the Premises or separated from the Premises only by a public or private street, alley or right-of-way.
Violation. In the event Landlord violates the Exclusive Use as described above and is unable to cure the same and if such failure continues for thirty (30) days after receipt of notice from Tenant (unless such breach cannot be cured in thirty (30) days and Landlord has commenced action to cure the breach and is diligently attempting to cure the breach), then as Tenant’s exclusive remedy for said Exclusive Use violation by Landlord, Fixed Rent shall abate and, in lieu thereof, Tenant will pay one-half (1/2) of Fixed Rent (“Alternative Fixed Rent”) for the period of time during which such violation continues. If any such violation continues for more than eighteen (18) full calendar months after the payment of Alternative Fixed Rent commences (“Correction Deadline”), then Tenant, at its sole discretion, shall have the one-time right to terminate this Lease by giving at least thirty (30) days prior written notice of termination delivered to Landlord within thirty (30) days after the Correction Deadline. If Tenant does not timely exercise the aforesaid right to terminate the Lease, then the Fixed Rent shall automatically revert to full Fixed Rent effective as of the expiration of the Correction Deadline. This notwithstanding, in the event another occupant or tenant leasing space violates the Exclusive Use without Landlord’s permission or consent (a “Rogue Tenant”), Tenant shall deliver written notice of such violation to Landlord and Landlord shall use commercially reasonable efforts to cause such tenant to cease violation of the Exclusive Use, which may include seeking injunctive relief to enjoin or restrain the Rogue Tenant from violating the Exclusive Use and provided Landlord has exercised such efforts to cause such Rogue Tenant to cease violation of the Exclusive Use, Landlord shall not be deemed to be in violation of its obligations under this Lease. In the event that Tenant files suit against any party to enforce the foregoing restrictions, Landlord agrees to cooperate fully with Tenant in the prosecution of any such suit, and reimburse Tenant for all of attorneys’ fees and court costs incurred by Tenant in connection with such suit, notwithstanding its resolution.
“Exclusive use” is a contractual clause that grants one party the sole privilege or right to use a particular resource, property, or service, typically for a specified duration. This ensures that no other party can utilize the same resource without consent, offering the holder a competitive advantage or guaranteeing access without competition.
You should consider using an exclusive use clause when:
When drafting an exclusive use clause, it’s important to be clear and precise. Here’s an example structure:
Exclusive Use Clause:
The [Party Name] shall have the exclusive right to use [describe the property, resource, or service] from [start date] to [end date]. During this period, no other party shall be granted rights or permissions to utilize the same [property, resource, or service] without prior written consent from [Party Name].
Be sure to specify the duration, scope, and any conditions that apply to the exclusivity.
Exclusive use clauses are typically found in:
Incorporating exclusive use can offer significant strategic advantages, but it’s essential to clearly define its terms to avoid potential disputes.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
An exclusivity clause is a contractual provision that restricts one party from engaging in certain activities or dealings with other parties outside the agreement. Typically used to secure a commitment, it ensures that the party provides services, products, or rights solely to the other contracting party, often to maintain competitive advantage or preserve confidentiality.
An exculpatory clause is a contract provision that relieves one party from liability for harm or damages caused during the execution of the contract, often found in agreements where one party is at risk for potential loss or damage. These clauses aim to limit or altogether exclude the legal responsibility of a party, though their enforceability varies based on jurisdiction and the specific circumstances surrounding the contract and the event.
The execution date is the specific day upon which all parties to a contract formally agree to and sign the document, thereby making the contract legally binding. This date is crucial as it often determines when contractual obligations commence and may affect deadlines and timelines stipulated within the agreement.
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