A tenant that “goes dark”, or ceases operations at the leased premises, may be liable to a landlord for breach of contract if their commercial lease included a covenant of continuous operation. Even if the lease does not include such a covenant, the tenant could still be liable to the landlord for “going dark” if the lease calls for rent to be calculated as a percentage of revenues or profits, in which “going dark” and ceasing to generate revenues or profits may be seen as a breach of the lease. Lease provisions calling for payments to the landlord in the event the tenant “goes dark” may be an unenforceable penalty, unless the landlord can prove that damage results from the tenant “going dark” such that the provision could be deemed liquidated damages.