Kick-Out Clause
A kick-out clause grants a party (often the tenant, sometimes the landlord) a termination right if defined performance criteria occur or fail to occur, such as sales thresholds, co-tenancy failures, or other triggers. In retail leasing it is often drafted around sales performance and/or co-tenancy events.
- Where it applies
- Generally, not specific to New York
- When it comes up
- Lease Negotiation
- Property types
- Retail
Related terms
Retail-Specific Leasing Terms
- Anchor Tenant
- Breakpoint (Percentage Rent)
- Co-Tenancy Clause
- Exclusive Use Clause
- Go-Dark Provision
- Gross Sales (as Defined in Lease)
- In-Line Tenant
- Percentage Rent
- Radius Restriction
General information, not legal, tax or financial advice.