Kiosk Clause
(Pro-tenant) (Restaurant Lease in Shopping Center)

Summary

This kiosk clause may be used in a lease for restaurant space in a shopping center to prohibit the landlord from permitting the placement of kiosks or similar units in areas that will limit the visibility of or access to the restaurant. This clause contains practical guidance and drafting notes. Shopping center common areas are often cluttered with kiosks, carts, food trucks, and other retail merchandising units. The placement of these units near a restaurant can impair customers' access to the restaurant, block visibility of the restaurant, and/or make the restaurant's appearance less appealing. Thus, restaurant tenants routinely negotiate for a lease provision prohibiting the landlord from permitting the placement of these units within a certain radius of the restaurant (for example, 15 or 20 feet). If the tenant lacks sufficient bargaining power to negotiate for a restriction that the units not be placed within a certain distance of the restaurant, the tenant should, at the least, try to obtain a covenant that the items will not be placed in an area that will "materially and/or adversely impair access to or visibility of the premises." For further guidance see Restaurant Lease Agreements.