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Fellow Lawmen,

I have come across this clause in a Lease agreement & I cannot find definitions anywhere on the internet:

“The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.”

What does this mean. Much thanks.

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What does this mean

The Black's Law Dictionary defines "exclusive right" as "one which only the grantee thereof can exercise, and from which all others are prohibited or shut out".

The clause you reproduce provides that the rights are not exclusive. This means that a party/obligee/grantee may subrogate (that is, transfer to someone else) his right, and the obligor or counterparty to that contract does not have the defense that "only the obligee has standing or entitlement to enforce that right".

Cumulative right seemingly relates to cumulative remedy, which the aforementioned dictionary defines as "a remedy created by statute in addition to one which still remains in force". This means that a party's exercise of one of his rights does not preclude the exercise of his other rights.

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  • Thank you very much for your time and efforts sir.
    – SDH
    Commented Feb 29, 2020 at 7:15
  • Exclusive rights can be subrogated by the holder - they just can’t be offered to anyone else by the grantor. A publisher given exclusive rights in a region can sell those rights to other publishers in countries within those regions. The person who sold them can’t sell them to another publisher though.
    – Dale M ♦
    Commented Mar 1, 2020 at 3:13

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