One of the stranger lease clauses I have seen

The following is an actual lease clause I came across recently.  For the sake of the parties to the lease, I have removed any personally identifiable information.  Please allow this example to serve as an illustration that there are a lot of different factors involved in negotiating a lease.  An item that doesn’t strike you as much to give up could allow you to win concessions in another area of negotiation.

Pornographic Uses. Tenant acknowledges agrees [sic] that the value of the Premises and the value and reputation of the Building and the reputation of the Landlord will be seriously and irreparably injured if the Premises are used for any obscene, immoral or pornographic purposes or any sort of commercial sex establishment. Tenant agrees that Tenant will nor [sic] allow any employee to bring any obscene, pornographic or erotic material into or to be maintained at the Premises, including, without limitation, any obscene, pornographic or erotic printed material, video material, audio material, signs or displays, and shall not conduct or allow any employee to conduct any photography of any obscene acts or nude or semi-nude persons on the premises (but the foregoing shall not prohibit Tenant from conducting fashion photography or, to the extent permitted hereunder, fashion shows reasonably related to Tenant’s business which involve nude or semi-nude persons) and will have a company policy prohibiting the use of the internet for such purposes; provided, however, the violation by any employee(s) of Tenant of such policy shall not be a default hereunder provided Tenant takes appropriate disciplinary action (including termination for multiple violations) against any such employee(s). Tenant agrees further that Tenant will not permit any of these uses by any sublessee or assignee of the premises. This Article shall directly bind any successors-in-interest to the Tenant. Tenant agrees that if at any time Tenant violates any of the provisions of this Article, such violation shall be deemed a material breach of this Lease, in which event Landlord may exercise any remedies it has under this Lease. Pornographic material is defined for purposes of this Article as defined in Section 235 of the Penal Law of the State of █████████ (as amended or supplemented from time to time).


2 Responses

  1. A no adult use clause is almost boilerplate in leases, but this one is pretty darn specific, almost as if the landlord or its lawyer has been burned in this regard or the landlord is a church. And by the way, it is pretty easy to figure out what state this lease is in….

  2. David, thanks for the comment. I’ve seen a fair number of leases, so I’m surprised that I have not run into a “no adult clause” yet. Perhaps it is more common to use less explicit phrasing and veil the intent?

    Of course, I assumed that a well-versed attorney could deduce the state from which this lease came. I figured that I would at least be diligent about masking it from the casual reader.

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