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Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE course will discuss the complex legal and business issues involved in data center lease agreements and the unique, critical provisions for these leases. The panel will provide practical guidance for financing and structuring these agreements from the perspective of both the data center landlord and tenant.
Description
Data centers are one of the fastest growing asset classes in commercial/industrial real estate. Typical commercial lease provisions are inadequate for these types of spaces, thus industry-specific lease provisions and documentation are critical. In addition to the real estate aspects of these transactions, data center leases require an understanding of the equipment and technology in use and the complex legal issues that arise.
These leases must address rent calculation (square footage vs. power usage), space alterations, critical power and cooling requirements, assignment and subletting rights, non-disturbance protection, access security (virtual and physical), continual fiber connectivity, expansion and renewal options, and risk mitigation.
A key ancillary agreement to a data center lease is the service level agreement. Well drafted service level agreements not only address the current level of anticipated service but also outline what will happen when the unexpected occurs, relationships break down, or the parties need to make additions, deletions, and modifications to the service levels.
Listen as our authoritative panel reviews the legal and business issues inherent in data center lease agreements, unique lease provisions for these leases, and best practices for drafting appropriate service level agreements. The program will discuss the issues from the perspectives of both landlord and tenant.
Presented By
Mr. Fork represents electric utilities and companies on international energy transaction, export control, nuclear liability and domestic regulatory issues. He assists clients regarding the regulation of international nuclear power plants, nuclear vendor procurement, and agreements for the construction, operation and fueling of nuclear power units. Mr. Fork has served as the general counsel of a civil nuclear power program and attended the International School of Nuclear Law in Montpellier, France.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, February 3, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Market trends in data center leasing
II. Types of data centers
III. Types of data center leases
IV. Technology issues driving lease terms and tenant needs
V. Industry-specific provisions
VI. Financing terms and considerations for tenants, landlords, and lenders
VII. Service level agreements
VIII. Practitioner pointers and key takeaways
The panel will address these and other key considerations:
- What are the common types of data center leases, and what are key terms from the perspective of the landlord and tenant?
- What are the legal issues in structuring data center leases and strategies for negotiating industry-specific lease provisions?
- What are best practices for counsel to mitigate risks when drafting and negotiating service level agreements?
- What are some financing considerations relating to data center leases, and how should these issues be addressed in the lease?
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