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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)

Citation
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Parent Document
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-11-21

Other Sections in This Document (144)

Full Text

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We disagree with this premise. It is true that the Inducement provision says that Lessee has the option to cancel the lease if a major anchor tenant vacates the shopping center, but that it cannot exercise that option until Lessor has had six months to obtain another tenant operating a "similar type and size business" as that of the vacating tenant. The same paragraph proceeds, however, to say that "[d]uring the period of such major anchor tenant's vacancy," Lessee may, in lieu of all other rent and charges under the lease, pay one-half of the monthly fixed rent that would otherwise be due under the Lease. It appears clear to us that the reasonable construction of this paragraph is that the major anchor tenants vacancy, which would authorize the payment of one-half of the fixed rent in lieu of all other charges, includes any periods during which the vacated major anchor tenant is replaced with another tenant not operating a "similar type and size business."[2] Point two is denied.