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Data centers

Business intelligence and access to critical information are essential to the success of any modern organization. Eversheds Sutherland’s lawyers understand all aspects of mission-critical data facilities, from development, leasing and tax issues to power purchase agreements and the financing of the facilities. Whatever your business needs, we are on hand to help you.

Experienced in the data center field

For decades, we have advised developers, owners, operators, lenders and tenants on matters associated with all types of data centers, including enterprise, wholesale, co-location and managed services facilities. Taking a comprehensive team approach, we can advise you on build-to-suit and sale/leaseback transactions for single user facilities, in leasing cages, cabinets and private suites within multiuser buildings and on the financing of the construction and acquisition of facilities.

Our extensive experience in this area allows us to anticipate and manage the many challenges that are part of developing, owning and financing complex data centers, including site selection, due diligence, tax incentives, operations, leasing and service level agreements. We also understand the full range of tenant concerns, especially the complexities of lease agreements. Because data centers are energy-intensive, we place an emphasis on electricity requirements, including co-generation options and the integration of onsite renewables, along with the associated regulatory, tax and environmental considerations.

Our interdisciplinary approach spans the entire data center development process. During site selection phase, we help you to negotiate substantial regional, state and local tax incentives and analyze due diligence. For projects that include a renewable energy component, we work with you to obtain tax credits and incentives, negotiate power purchase agreements and navigate applicable government regulations. We also assist in negotiating design and construction contracts, build-to-suit leases and joint venture agreements.

Eversheds Sutherland provides comprehensive services related to data center development, operations and leasing. These include:

  • site acquisition and development
  • leasing agreements and service lease agreements
  • co-generation and power development
  • data security
  • tax incentives
  • regulatory and compliance issues

Contact our data center team

If you would like any further information or need advice related to data center law, please contact our legal team.


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