Desk-Sharing Clause
(Shopping Center Lease for Medical Use Tenant)

Summary

This desk-sharing clause may be included in a lease where the leased premises is located in a shopping center and is being used for medical use. This clause is used when the tenant wishes to rent out space to medical professionals who are not employees of the tenant. This clause includes practical guidance and drafting notes. Medical use tenants sometimes rent out examining rooms and other portions of the medical suite on a part-time and nonexclusive basis to medical professionals who are not employees of tenant's medical practice. This practice often violates the terms of the assignment and subleasing provisions of the tenant's lease. Therefore, medical use tenants who want flexibility in the use of their space should negotiate for a clause such as this to be included in the lease. This clause is typically included in the assignment and subletting section of the lease. The capitalized terms used in this clause should be conformed to the defined terms in the relevant shopping center lease. For a list of resources addressing key issues related to healthcare organizations, see Healthcare Transactions, Licensing, and Regulation Resource Kit. For a full listing of key content covering retail leasing, see Retail Leasing Resource Kit. For more on medical use clauses in commercial leases, see Commercial Leases for Medical Use. For more information on retail lease agreements, see Retail Lease Agreements. For a full, annotated retail lease agreement template, see Retail Lease Agreement (Long Form).