Tobacco Eclusive
Does anybody have experience with 7-11 as a tenant with a “tobacco products” exclusive?   A vape store wants to lease space in the center.  They will not be selling tobacco products but will be selling products that contain nicotine.  Will 7-11 take action against the landlord?
[{"id": "eeg2w8r", "text": "Seems hairy.  Fda considers even nicotine free Vapes as tobacco products.  You might need to ask 7 11  what they think.  Fda view doesn't necessarily align with the courts you'll need a lawyer for those details.", "replies": [{"id": "eeg3kwq", "text": "Thanks for the feedback.   I\u2019m aware of the FDAs view.  To your point about the courts, I am wondering if anyone has gone through that process.  ", "replies": [{"id": "eeg887g", "text": "I dealt with this EXACT situation. 7-11\u2019s Tobacco products exclusive (in our lease) was interpreted to control vape shops.\n\nEdit: After review it was decided not to proceed forward so technically not the exact situation as 7-11 never took action against us, we made an informed decision based off legal counsel and elected not to lease to them", "replies": [{"id": "eeg9y6h", "text": "Thank you!", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "eegjokp", "text": "Did you write the lease with 7-11? What exactly does the exclusivity-clause say? ", "replies": [{"id": "eegju7j", "text": "Yes, we wrote the lease with 7-11.  It\u2019s says they have an exclusive on carry out beer and cigarettes and tobacco products.  We do not yet have a lease with the vape store but I would like to lease to them.  ", "replies": [{"id": "eegk3nv", "text": "I haven't dealt with this, but I've seen vape shops come and go faster than karate dojo's, while 7-11 seems to stick around forever. Might want to bite the bullet on this one and skip the vape shop if you're afraid it might conflict with 7-11.  Also, vape shops don't do great things for street appeal. ", "replies": [{"id": "eegk7hj", "text": "Thank you!", "replies": [{"id": "eegkpmy", "text": "Definitely, good luck", "replies": [], "depth": 5}], "depth": 4}], "depth": 3}, {"id": "eehs85z", "text": "If the wording is exactly that. They conflict. Wouldn't risk it. Keep the great tenant. cape shop will go elsewhere.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "eeid2ax", "text": "Clearly a conflict, but a side letter asking for permission to do the deal seems reasonable.  If they don't respond within 10 days, its' deemed approved.  That will get their attention.", "replies": [{"id": "eeiz3uw", "text": "I anticipate that 7-11 will not approve the lease, but this looks like the best course of action if I want to lease to the vape shop.  Thank you!", "replies": [], "depth": 2}], "depth": 1}]