Neal & Leroy's Digital Infrastructure practice guides developers, operators, investors and other clients through the complex landscape of data center development and operations. Our approach tackles the highly integrated real estate, construction, technology and IP considerations to deliver comprehensive solutions for data center projects. We address site selection, land acquisition, development, leasing, zoning and regulatory challenges, as well as the commercial contracts, master service agreements and intellectual property and security agreements essential to data center operations.

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Our areas of concentration

• Site Selection and Land Acquisition

• Data Center Leases and Services Agreements

• Data Center Development and Construction

• Commercial and Vendor Contracts

• Land Use, Zoning and Permitting

• Municipal Finance and Incentives

Site Selection and Land Acquisition

We advise developers and investors on strategic site selection for data center projects, evaluating properties based on power availability, proximity to network hubs and development feasibility. Our team handles complex land acquisitions, including due diligence, title review, purchase agreements and coordination with utility providers to secure necessary infrastructure access.

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Data Center Leases and Services Agreements

We represent operators and customers in data center capacity transactions, negotiating wholesale and retail leases. Our counsel addresses access rights, disaster recovery, termination rights, and other terms unique to data center and co-location agreements. We structure build-to-suit arrangements, sale-leaseback transactions and lease agreements tailored to data center operations.

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Data Center Development and Construction

We assist clients with their data center development projects, spanning the entire development cycle including land acquisition, design and construction, environmental permitting and government incentives. Our real estate development experience includes ground-up construction, adaptive reuse of existing facilities and phased expansion projects.

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Our work includes construction and design-build agreements for data center facilities and supporting power infrastructure. We negotiate construction contracts, coordinate with architects and engineers and manage the legal aspects of project delivery from site preparation through commissioning.

Commercial and Vendor Contracts

We negotiate and draft the commercial agreements that support data center operations. We handle master service agreements (MSAs) for ongoing vendor relationships, equipment procurement contracts, software licensing agreements and service-level agreements with technology providers. Our attorneys structure intellectual property provisions to protect systems and data, negotiate security requirements and compliance obligations and draft vendor agreements for critical infrastructure services including power management, cooling systems, network connectivity and monitoring solutions.

This integrated approach ensures that the contractual framework supporting your data center aligns with operational requirements and risk management objectives.

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Land Use, Zoning and Permitting

Our attorneys navigate the land use and zoning landscape critical to data center projects, handling community outreach, project advocacy and zoning approvals.

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Our approach includes offering insights on local regulations and community sentiment to anticipate potential challenges, securing special use permits and rezonings tailored to data center projects and advising on planning and environmental issues.

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Municipal Finance and Incentives

Neal & Leroy provides comprehensive counsel on public financing and incentive structures for digital infrastructure projects. We represent municipalities, public authorities, and private developers in securing tax increment financing (TIF), industrial development bonds, and municipal grant programs that support data center and telecommunications infrastructure development.

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Our attorneys structure financing transactions and negotiate incentive packages with entities including the Illinois Development Finance Authority, municipal economic development agencies, and local governments. We coordinate with financial advisors and public agencies to ensure compliance with tax laws, municipal authority, and constitutional requirements while maximizing available public financial assistance.

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