Common use of Capacity of Facility Clause in Contracts

Capacity of Facility. At no time will the enrollment exceed the number of students approved in this Charter, the School’s Application (Appendix 1) or permitted by zoning capacity and all applicable laws and regulations. The School shall not be entitled to monthly payments for students in excess of the School’s valid facility capacity as determined by the School’s Certificate of Occupancy, Certificate of Use or Fire Permit (whichever is less). Payments may be withheld if the School’s Certificate of Occupancy, Certificate of Use or Fire Permit has expired or has otherwise become invalid until such defect has been cured. In the event that the required county and/or municipality facility permits do not indicate a facility capacity, the School must submit a letter from the architect of record certifying the capacity of the facility.

Capacity of Facility. At no time will the enrollment exceed the number of students approved in this Charter, the School’s Application (Appendix 1) or permitted by zoning capacity and all applicable laws and regulations. The School shall not be entitled to monthly payments for students in excess of the School’s enrollment capacity and the School facility’s valid facility capacity as determined by the School’s Certificate of Occupancy, Certificate of Use or Fire Permit (whichever is less). Payments may be withheld if the School’s Certificate of Occupancy, Certificate of Use or Fire Permit has expired or has otherwise become invalid invalid, until such defect has been cured. In the event that the required county and/or municipality facility permits do not indicate a facility capacity, the School must submit a letter from the architect of record certifying the capacity of the facility.