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Force-Majeure

No Rent Until 25 Megawatts Are Energized at the Demarcation Point

A lease signed on 4 September 2026 for a converted power plant in Niagara Falls makes rent commencement wait on the utility. The Commencement Date Conditions are not satisfied until the full Critical Load Power for a phase is energized and available for continuous use at the demarcation point, and every interconnection and power-supply contract is in force. On 25 megawatts at the $145.00 per kW per month the lease uses for its design specifications, each month of delay is about $3.6 million of base rent the landlord cannot bill. The list of Excused Delays that moves the target date does not include utility delay, which a form lease filed by another developer the same week does include.

A Relocation Clause Moves the Premises and Leaves the License Behind

A St. Paul landlord asked its tobacco shop tenant to move to a bigger vacant unit in the same shopping center. The city denied the new license, because a St. Paul tobacco products shop license attaches to one address, there are fifteen of them citywide, and no new license may issue within 2,640 feet of an establishment that already holds one. Two units in one strip mall are not 2,640 feet apart. The Minnesota Court of Appeals affirmed the eviction on 20 July 2026: the force majeure clause extended deadlines rather than excusing performance, impossibility and frustration of purpose are unavailable in an eviction action, and a landlord that spends six months lobbying city hall for its tenant has not breached the duty of good faith.