In shopping center leases, it is not uncommon for landlords to include an "exclusivity clause" that prohibits a tenant from selling certain items.

For instance, if a shopping center contains a Starbucks, there may be exclusivity clauses in the other tenants' leases prohibiting them from selling coffee.

An ambiguous clause in a lease for one store at North Hills has been the center of a three-month battle between Uniquities owner Julie Jennings and North Hills developer John Kane.

Uniquities opened at North Hills in November 2005 with a lease that granted permission to sell and display "upscale ladies' and men's apparel."

Jennings said "apparel" included shoes; Kane said it did not and in December issued a notice of non-monetary default.

That notice was later withdrawn, but a lawsuit over the dispute remained until this week, when the two parties agreed that Uniquities will be able to sell shoes at its North Hills store.

"We ultimately all want what's good for the shopping center," Jennings said. "We love our store, and we love the shopping center. We all just need to put our energies into positive things."

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Kemp's Seafood House at 115 Page Point Circle off U.S. 70 in Durham seems to be closed for renovations. I say "seems" because my calls to the restaurant were not returned. The voice mail says Kemp's is "closed in order to refinish our floors and prepare for our new hours of operation."

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Here's one for Planet Smoothie fans: Yes, all the stores in this area have closed. But the good news is that it's not permanent. The company said a new franchisee is taking over the Triangle stores. And, while they're in transition, Planet Smoothie decided to update them all to a new design.

That means Planet Smoothie will reopen some of its stores here in two to three months. That includes the three stores at 6325 Falls of Neuse Road and 2302 Hillsborough St. in Raleigh, and 966 High House Road in Cary.

However, the location in Raleigh's Pleasant Valley Promenade off Glenwood Avenue will not be reopening.

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Popular steakhouse JK's Restaurant closed its North Hills store in February. But owner J.K. Norfleet said it will resurface this summer in the new Market Place at Lake Boone shopping center near Lake Boone Trail and the Beltline. Norfleet said he's shooting for an August opening.

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In Clayton, Four Seasons Gift Baskets & More will close its store at 104 W. Main St. at the end of this month.

The store has been open for about 18 months. Co-owner Donna Jones said she hopes to relocate to North Raleigh or Wake Forest. A location has not been selected.

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Other items: Triangle Dry Cleaners will open April 3 in the Forestville Crossing shopping center at 8420 Louisburg Road in Raleigh. ... In Cleveland, Yummi Japan restaurant has opened in Swift Creek Plaza at 87 Glen Road. ... And, for the dog lovers, a doggie day care called Dogtopia is planning to open a Durham location this fall, though no site has been selected. The company also plans locations in Raleigh and Cary.