Tenant exclusives in a shopping center

[Michelle R.]

We have a 52,000 sq ft shopping center with retail and medical on the first floor, and second floor has professional and medical tenants. We have a chiropractor tenant upstairs who has been in the center over 20 years. They have an exclusive on chiropractor services and spinal adjustments. We have a prospect looking to sign a 5 year lease for space on the first floor for physical therapy. We would word the lease such that the physical therapist must observe all the exclusives of the chiropractor, and the new physical therapy user would not preclude the chiropractor from performing services involving physical therapy.

In your experience, are the two uses too similar to introduce the physical therapist? If there were to be any violation of the chiropractor exclusive on the part of the physical therapist, would the liability be on the new tenant or on us as landlord?

Would you feel it necessary to have a discussion with the chiropractor prior to signing the physical therapist? Keep in mind, these tenants are small in size in the grand scheme of things, with each having a 2% pro rata share of square footage.

Is there anything I am overlooking here?