Additional Programming in Building. Notwithstanding Section 8.01 above, Operator and IPS shall be able to provide additional programs in Building upon the written agreement of the Parties.
Additional Programming in Building. Notwithstanding Section 8.01 above, Operator and IPS may agree on additional programs to be provided in the Building upon the written agreement of the Parties. Space for Preschool and Developmental Pre-K Services. For purposes of providing preschool and developmental pre-k services pursuant to Section 11.04 of this Agreement, IPS shall be entitled to use and occupy the portions of the Building that, as of the Commencement Date, it uses and occupies to provide such services. Changes to the Building. IPS reserves the right to change the Facilities by changing the exterior facade of the Building or the number and use of all buildings on the Land other than the Building; provided that the size of the Building shall not be materially decreased and the exterior entrances to the Building shall not be closed or materially obstructed. Such changes shall not, to the extent reasonably practicable, be made during School Hours or in a manner that interferes with the operation of the School. Additionally, IPS shall provide Operator with reasonable notice of such changes prior to the commencement of work by IPS. AS IS Condition. Operator hereby agrees and acknowledges that the Facilities are being made available in an “AS IS” condition, without warranty or representations of any type, including, without limitation, any implied warranties of habitability or suitability for a particular purpose. Operator hereby acknowledges that it has had the opportunity to perform, and to the extent it so desires has performed, any inspections of the Facilities that it wishes to perform and is relying solely upon such inspections as the basis for accepting the Facilities in their “AS IS” condition and is not relying in any way upon any statement of IPS or any information provided by IPS or on IPS’ behalf. Notwithstanding anything to the contrary in this section, IPS shall deliver the Facilities in a condition acceptable to the Indiana State Department of Health for the operation of a school. All Furnishings located in the Building as of the Possession Date shall be available for Operator’s use in operating the School pursuant to Section 8.01 above. The Parties acknowledge and agree that IPS will perform any scheduled renovations and improvements of the Building in substantially the same manner, and on substantially the same schedule, as IPS performs renovations and improvements at other IPS buildings.
Additional Programming in Building. Notwithstanding Section 8.01 above, Operator and IPS may agree on additional programs to be provided in the Building upon the written agreement of the Parties. Such written agreement of the Parties shall be required, without limitation, for the provision of any preschool services in the Building.
